أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعالمسؤولية عن قرض أساء الشريك الهارب استخدامه
2
س: مرحبًا،
أود أن أسأل عن شركة التي أعمل فيها طيلة السنوات الخمس الأخيرة. نحن شركة ذات مسؤولية محدودة، الشريك المواطن شريك غير نشط.
الشريك الآخر من الهند، وقد حصل على قرض من البنك على اسم الشركة واستخدمه لاستخداماته الشخصية واستنزفه في أعمال أخرى.
أدى ذلك إلى ازدياد الدائنين والآن قد غادر البلاد. يعرف الشريك المواطن في هذا الموقف عدم نية الشريك الهندي في العودة. تقع كامل المسؤولية الآن على عاتق الشريك المواطن.
على الشركة ديون بحوالي 140000 دينار بحريني، وقرض بنكي قيمته 160000 دينار بحريني وهو مبلغ يستحيل على الشريك المواطن أن يدفعه.
معظم الشركات لديها شيكات صادرة من الشريك الهندي (الشريك المواطن غير مخول بتوقيع أي شيك وفقًا لمذكرة التأسيس)، والبنك لديه أوراق ضمان موقعة من قبل الشريك المواطن.
هل يمكن أن تخبرنا كيف يمكننا إنقاذ الشريك المواطن وفتح قضية ضد الشريك الهندي؟

2018/09/23
1394
Partners in conflict: Legal implications of unpaid loans in a civil company


2
Q: Dear Sir/Madam,
Effect of company manager issuing company check that bounces
My civil company has two partners. Each partner is also the manager. The company took a loan of 260,000 AED from a friend. I want to return the loan but my other partner does not want to pay.
What will happen if I issue cheques from the company account, they bounce, and the other party starts a cheque enforcement case against the company? Then each partner will pay the debt in the ratio of their shares.
Will I be jailed or have to pay a fine due to signing a company cheque that bounced?
My alternate method is to issue an acknowledgment and the creditor does Amr al Arida "performance order" case, but I want to reduce court costs.



2023/02/28
119
القانون الاتحادي المُنظم لشركات الأعمال المدنية
2
س: مرحبًا لودميلا،
إن موكلي هو شركة أعمال مدنية. لا أريد سوى معرفة القانون الاتحادي المطبق على نظام إدارة الشركات.
شكرًا لكِ مقدمًا.

2020/05/04
1164
What are the key differences between an LLC company and a Sole Proprietorship?




1
Q: Hello,
What are the key differences between a Limited Liability Company (LLC) and a Sole Proprietorship in the UAE?





2025/01/20
64
المدونة القانونية
2 متاح 2 • عرض الجميعماذا يمكنني أن أفعل في حالة النزاع مع شريك في الشركة؟ 5
مقال في صورة مقابلة يغطي موضوع النزاعات بين الشركاء المساهمين في الإمارات والإجراءات الاستباقية الواجب اتخاذها. مقتبس من المدونة الصوتية القانونية للمحامية لودميلا يامالوفا، مؤسسة مشروع لوجيكال مع لايلو.
2020/03/24
5901
مشاركة شريك مواطن في دولة الإمارات العربية المتحدة: ما ينبغي عليك معرفته 65
بالنسبة إلى أصحاب المشاريع الذين يسعون إلى تأسيس أعمالهم التجارية في داخل دولة الإمارات العربية المتحدة، يُعد هذا المقال دليلاً مفيدًا لمعرفة حقوقهم وواجباتهم.
2020/01/26
17695
قوانين وتشريعات
2 متاح 2 • عرض الجميعFederal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
1993/09/07
33028
Federal Law No. (2) of 2015 On Commercial Companies 15
The provisions of this Law apply to the commercial companies established in the UAE and the foreign companies that have established in the UAE a base to conduct any activity therein or established a branch or representative office. The Law abrogates Federal Law No. (8) of 1984 Concerning Commercial Companies.
2015/03/25
29545

متميز
إجابة أخرى من
3199 3199 إجابات •
عرض الجميعWhat can I do in case of odometer tampering, false ownership information, and a flood-damaged vehicle? 0
What can I do in case of odometer tampering, false ownership information, and a flood-damaged vehicle?
What is the procedure for filing a fraud complaint about these issues?
2025/03/21
68
Is the compensation for notice period deducted on the basis of full salary or basic salary? 0
Hello,
I understand that if anyone wishes to resign without serving their full notice period, they are supposed to compensate the employer for the remaining time that they didn't serve the notice, also known as "notice Compensation".
Is this notice compensation deducted based on the full salary or on the basic salary?
2025/03/21
72
Can a registered company work with a freelancer who does not have a freelancer permit? 0
Hello,
Can a registered company work with a freelancer who does not have a freelancer permit?
At the same time, they are employed by another company.
2025/03/21
59
Can I hold the delivery of goods to a buyer outside the UAE if he defaulted on payment? 0
I, as a UAE-based Seller, entered a sales agreement with a KSA-based Buyer. The Buyer defaulted on the LC payment, breaching the contract.
The goods are stuck at the port as they need original documents, which I am holding to recover the outstanding balance.
They later made a partial payment but now threaten to cash the PBG (UAE bank) I provided if don't release the document.
The contract mandates DIAC arbitration but lacks a governing law clause. I need advice on:
1. Which law applies to this dispute?
2. Where can I seek an injunction to prevent PBG encashment, given the Buyer’s bad faith and breach? Or should I send a letter to their bank with the brief above?
Kindly advise.
2025/03/21
49
Does unpaid leave include weekends if they fall within the leave period? 0
Hello,
If I take unpaid leave and a weekend falls in between, will the weekend also be counted as unpaid leave, meaning I will not receive a salary for those weekend days?
Thank you!
2025/03/23
84

متميز
إجابة أخرى من
204 204 إجابات •
عرض الجميعMy tenant was supposed to vacate as per the contract. Can I rent the property to another tenant? 0
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
19
What to do if the bank filed case on me using security cheques and executed travel ban? 0
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
2025/04/15
45
If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
Is a travel ban automatically applied?
I looked on the Dubai Courts website, and it says the judge has issued a “reserved” order for my case.
Furthermore, when the bank emails, they threaten me with a travel ban. So I am assuming there is no travel ban issued (but I don’t know). I haven’t received any notice of a travel ban.
If there is a travel ban, how do I find out?
I have checked the Dubai police app, and there are no financial crimes against me.
Please advise if you know.
2025/04/04
163
I left Dubai 19 years ago without cancelling my visa. Is there anything to do to remove the travel ban? 0
Hi,
I left Dubai 19 years ago without cancelling my visa, which was through sponsorship.
I informed them after I left the country, and also paid my debt to them. However, I think I may no longer be able to travel there.
Is there anything I can do to remove the travel ban?
2025/04/04
86
How does the trademark registration of a new trademark in the UAE work? 0
How does the trademark registration of a new trademark in the UAE work?
2025/04/09
103

متميز
إجابة أخرى من
64 64 إجابات •
عرض الجميعCan an LLC partner sell their shares to a third party without other partners' consent? 0
Dear Lawyers,
Can a partner in an LLC company (Dubai Mainland) sell their shares to a third party without the consent of the other partners?
If one partner wants to exit the company and the other shareholders are neither responding to this request nor giving permission, what is the way forward?
We have sent an email to the other shareholders notifying them of the intention to sell the shares, but there has been no response. Please advise.
Please advise!
2024/08/10
204
What can I do if my company is pressuring me to sign an unfair new contract? 0
Dear Lawyers,
I joined a company in Dubai. According to the contract agreement given to me by the company, if I leave before the fixed contract period, I have to give two months' notice and pay a sum of 6000 dirhams.
I agreed to this and continued to work under that agreement. However, the company has now introduced a new contract agreement, and all employees are under pressure to sign it.
The new conditions state that no employee can take a similar job in the UAE and must agree to pay USD 3500 (AED 12600) upon leaving during the contract period.
What actions can I take regarding the unfairness of this situation?
2024/08/08
108
How do I request my passport back from my employer after many refused requests? 0
Dear Lawyers,
How to request my passport back from my employer after many requests have been refused?
2024/07/31
530
Can I return to Dubai by paying only the court fine for a 2016 debt case? 0
Dear Sir,
I hope this message finds you well!
I am writing to seek your advice regarding a debt case filed in 2016 in the UAE. The debt amounts to approximately 45,000 AED (20,000 AED cheque amount and 25,000 AED credit card amount).
The associated interest has now possibly exceeded 150,000 AED. I have recently secured a job in Dubai and am eager to return; however, I am currently unable to pay the full debt amount.
I am aware of a court fine of 5,000 AED. I would like to understand if there is any possibility of returning to Dubai by paying only this court fine and lawyer fee.
Could you please advise on any available legal avenues or procedures that may allow me to resolve this matter and return to Dubai under these circumstances?
Your guidance on this matter would be greatly appreciated.
Thank you for your time and assistance!
Best Regards,
2024/07/29
134
Can a landlord increase the rent via a WhatsApp message without prior notice? 0
Dear Sir/Madam,
I have been a tenant in a residential unit since 2023.
The real estate representative of the landlord sent a WhatsApp message stating that my rent is finalized at 24,200 AED, up from the previous contract amount of 22,000 AED, without any prior notice or email from the landlord.
Kindly guide me!
2024/07/29
136

متميز
إجابة أخرى من
718 718 إجابات •
عرض الجميعIs it legal to reduce the salary after signing an employment contract? 0
Hello,
Is it legal to reduce the salary after signing an employment contract?
2025/03/19
88
Can the owner of a company escape if there is a cheque execution and travel ban on him? 0
I raised a cheque execution case against a company and its owner and won. There is a travel ban on him. I was receiving installments for three months and now he stopped paying.
The court after request summoned him. In total, he paid only 30% of the owed money. I found that his company license is expired and also in the month his visa will expire.
Does he have any option to avoid payment?
Please note he was deceived by showing no money in his bank account and no assets in his name but he is running multiple businesses.
Also a month ago, he tried to convince me to lift the travel ban but I refused to do so. But he submitted a guarantee and left UAE.
Now the status shows he is back in the UAE and the travel ban imposed again. But after that, he stopped payment.
Is there a 1% chance of him not paying me the remaining money?
Is there a way he can leave the country through the Amnesty program or any of this sort?
2025/03/12
100
In EMARATAX, must two licenses for the same activity in different emirates register separately? 0
Hello,
In EMARATAX (The Federal Tax Authority), if someone has two licenses in different emirates for the same activity, does he need to register two taxable persons, or how should he proceed?
2025/03/02
75
Can a developer demand extra payment for a 30% size increase after handover? 0
Hello,
I purchased a one-bedroom off-plan unit in Dubai from a well-known developer under an SPA specifying an area of 801 sq. ft. I completed all payments as per the developer’s payment plan, and the unit was handed over to me without a Title Deed.
After taking possession, furnishing the unit, signing a tenancy contract, and making repeated follow-ups to obtain my Title Deed, the developer informed me, 45 days after handover, that the actual area was 1,041.41 sq. ft., a 30% increase from the original SPA terms.
To receive my Title Deed, they are now demanding payment for the increased size.
Key issues:
- Failure to notify me before handover about the 30% increase in area.
- The SPA allows for price adjustments for area variations but specifies that such adjustments must be reflected in the final installment, which I had already fully paid before handover.
- The developer has now filed a legal case through Dubai Courts, demanding payment.
I require legal advice based on RERA/DLD laws and the SPA.
2025/03/12
66
How to recover unpaid fees from a client who refuses to pay for online consulting services? 0
Hello,
A client of mine used our consulting services online and is refusing to pay. Despite multiple reminders, she still has not made the payment. What legal action can I take against her?
2025/03/07
90
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
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اطلب استشارة من محامٍ