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If my father's creditors sue him or his company, will my company be liable?

Dear Sir/Madam,

My father used to be in business around 7 or 8 years ago in Dubai, but due to financial problems, he had to close it, and he has pending bank loans and bounced cheques from private parties.

I have recently started my own business in Dubai, and his creditors (private parties) have approached me for the money, which I cannot afford to pay.

If any of those creditors file a case against him or his company, will I or my company be legally liable to pay?

Can they file a court case against me?

متميز
ناصر يوسف الخميس للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
7 May 2024, 10:41

Dear Questioner,

As per UAE laws, if the company is an LLC, then it is solely liable to the creditors. If the company is a sole proprietorship, then your father is liable.

However, we need to know the matter in detail and review the documents to advise you properly.

Please contact us for detailed discussion and assistance.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
7 May 2024, 10:52

Dear questioner,

If the companies are independent of each other, with no sister concerns or shared management, then the chances of being liable for your father's company's debt are very low.

If you need further clarification, please share your WhatsApp number.

متميز
ليكس ريسولفو للاستشارات
دردشة توظيف
اجتماع
7 May 2024, 11:25

Dear Questioner,

The initial answer is no; as long as there are no contractual obligations between you and these parties.

We can assist you and your dad in reaching a middle agreement with these parties so that your dad can pay them in installments.

Also, we can assist your dad in liquidating the company and settling any debts.

You can save our number if you need any legal assistance.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
7 May 2024, 13:45

Dear Questioner,

Thank you for reaching out with your concern regarding the pending debts of your father's previous business and the potential implications for your own business in Dubai. I understand the seriousness of the situation and the importance of clarifying your legal position.

In the context of your inquiry, it's essential to differentiate between personal liability and corporate liability.

Generally, as long as your business is a separate legal entity from your father's previous business, your personal liability for the debts of his company would be limited, provided that you haven't assumed any personal liability for those debts.

According to UAE law, a company is a separate legal entity from its shareholders or owners. This means that your father's creditors cannot hold you or your company liable for his debts unless you have personally guaranteed them.

If you have not signed any documents or agreements guaranteeing your father's debts, then you are not legally responsible for them.

However, if your father's company still exists and is registered in your name, then it may be possible for the creditors to file a case against the company.

In this case, the company's assets may be used to pay off the debts. It is important to note that if you are the owner or director of the company, you may be held responsible for any financial mismanagement or fraud that may have occurred during your father's time in business.

If the creditors are private parties and not banks, they may also try to file a case against your father personally.

In this case, his personal assets may be used to pay off the debts. However, if your father has left the country and is no longer a resident of the UAE, it may be difficult for the creditors to pursue legal action against him.

It is always advisable to seek legal advice in such situations to understand your rights and obligations. You may also consider negotiating with the creditors to come to a mutually agreeable solution.

However, there are circumstances where creditors may attempt to pursue claims against related parties, such as family members or individuals who have benefited from the assets of the defaulter's business.

This is often referred to as "piercing the corporate veil." Whether such attempts are successful depends on various factors, including the nature of your involvement in your father's business affairs, any commingling of assets between your businesses, and whether there is evidence of fraudulent intent or misconduct.

To provide you with a more accurate assessment of your potential liability and to discuss the best course of action moving forward, I recommend scheduling a consultation to review the specifics of your situation in detail.

During our consultation, we can address your concerns comprehensively and develop a strategy to protect your interests.

Please feel free to reach out to me via WhatsApp or phone to arrange a consultation at your earliest convenience.

I'm here to provide you with the guidance and support you need during this challenging time.

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
15 May 2024, 13:18

If the debts are on a company owned by your father, and you manage the same company, they can claim from the company.

If your company is new, independent, and has no connection to your father's company, then they have no right.

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