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What legal steps can a majority partner take if a minority partner embezzles funds?

Dear Lawyers,

One of the minority partners (20% share) in an FZC company has embezzled company funds and is currently outside the country.

What legal actions can the majority partner (80% share) take to recover the funds?

Would a cheque signed by the minority partner help expedite the process?

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
8 Nov 2024, 07:30

Hello,

Embezzlement is a criminal offense in the UAE, and if the minority partner has stolen or misappropriated company funds, the majority partner can file a criminal complaint with the police or the relevant authorities in the UAE.

This is especially applicable if the funds were transferred illegally or used for personal gain without consent.

You can also file a civil lawsuit against the minority partner in the UAE courts. This will allow you to seek reimbursement for the funds that were embezzled from the company.

The UAE courts can issue a judgment to order repayment of the funds along with possible interest, and they can enforce this judgment by seizing assets or taking other legal measures.

For a detailed discussion, kindly share your WhatsApp number.

18 Nov 2024, 07:10

Hi Khalid - Thankyou for your revert. However, there are two technicalities.

1) The person has NO ASSETS in his name (as much as I am aware) and siphoned off all the funds overseas. Plus he has left the country without any indication of a return. So my situation is quite precarious. As I am not sure how to remove his name from the Trade Licence (in his absence)

18 Nov 2024, 07:15

kindly share your whatsapp number for a detailed discussion.

متميز
إنجي نبيل للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
8 Nov 2024, 07:33

We can help you file a criminal complaint against your partner, as well as a civil lawsuit.

Contact us at phone number [----------] so we can assist you.

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
8 Nov 2024, 07:55

Dear questioner,

If we only want to recover the amount, we can file a cheque execution case with supporting documents showing that he owes money to the company.

However, if we want to proceed with a criminal case as well, we will need supporting evidence to establish the case and recover damages, including the money.

Kindly share your WhatsApp number to discuss this further.

18 Nov 2024, 07:12

My What's App number is: 055 508 5517.

18 Nov 2024, 07:19

Will contact you shortly

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
8 Nov 2024, 08:19

Greetings,

You can execute the check and obtain a decision to put it on the arrival watch list to seize it from the airport upon its arrival to the country, and you can file a lawsuit and obtain a judgment in absentia and execute it in its place as a foreign judgment

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
8 Nov 2024, 08:52

Dear Questioner,

You can contact us to create a legal power of attorney to take prompt action and prepare an accounting report to prove embezzlement.

If the accusation is proven, a criminal complaint will be filed to initiate a case against the embezzling partner, bringing them to the criminal court and requesting compensation for the damages caused to you, as well as following up on the procedures according to the legal deadlines.

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
8 Nov 2024, 09:33

Dear Questioner,

If you suspect that a minority partner in your FZC company has embezzled company funds and is currently outside the country, you can take certain legal actions to recover the funds.

Report the matter to the local police authorities in the UAE. Provide evidence of the embezzlement, such as bank statements, financial records, and emails.

The police will investigate the matter and may issue an arrest warrant for the absconding partner.

You can also file a civil lawsuit against the minority partner in the UAE courts to recover the embezzled funds.

You can seek a court order to freeze the minority partner's assets in the UAE.

You can also request a court order to seize any assets that the minority partner may have in the UAE, such as real estate or bank accounts.

If you need further clarification regarding the procedures, kindly share your WhatsApp number.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
8 Nov 2024, 10:53

Dear Questioner,

You must file a lawsuit against the partner who seized the company’s funds before the competent court to force him to return the amount.

You can use the check in this case.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
8 Nov 2024, 12:35

Dear Questioner,

Thank you for your inquiry regarding the embezzlement issue involving the minority partner of your FZC company.

Given the severity of the matter, there are several legal actions the majority partner can consider:

1. Filing a Criminal Complaint:

Since embezzlement involves a breach of trust and potentially other criminal offenses, you can initiate a criminal complaint against the minority partner in the UAE. This can include actions to impose a travel ban if the individual returns to the UAE.

2. Civil Claim for Recovery of Funds:

A civil case can be filed to recover the misappropriated funds. If there is evidence, such as bank statements or financial records, to support the claim, this would strengthen your case.

3. Enforcement of a Cheque:

If you have a cheque signed by the minority partner, it can indeed expedite the legal process. Bounced cheques are taken very seriously in the UAE, and using the cheque can lead to quicker enforcement actions, which may include imposing legal pressure on the individual.

Given the complexities and potential international elements involved, I would be happy to discuss your case in more detail and guide you through the necessary legal procedures to ensure you can recover the funds effectively.

Please feel free to reach out to me via WhatsApp or phone to discuss this further and book a consultation.

Best regards,

Suhail Rana

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