أسئلة وأجوبة
How do I remove my late father's name from his UAE trade licenses?
Dear Lawyers,
My father passed away in India and was a resident of the UAE, holding a Dubai visa at the time of his death. He held two LLC trade licenses under his name, with 4 partners. All partners are the wife and sons.
What is the procedure to remove my father’s name from the trade license? I have the death certificate attested by the Indian Embassy in the UAE.
Please advise!
Dear Questioner,
Ensure that you have the death certificate of your father, which you mentioned, attested by the Indian Embassy in the UAE.
You will need to translate the death certificate into Arabic (if it is in any language other than Arabic or English), as it may be required by the UAE authorities.
The first step is to notify the Dubai Department of Economic Development (DED) (or the relevant free zone authority if the company is registered in a free zone) about the death of your father.
Submit the death certificate and provide any necessary documentation such as your father's Emirates ID, passport copy, and the LLC trade license documents.
Request a change of ownership or the removal of his name from the license due to his passing.
Since your father was the owner of two LLC trade licenses, his shares in the LLCs must be transferred to the legal heirs.
For each LLC (Limited Liability Company), you will need to formally transfer the shares held by your father to the remaining partners or the legal heirs.
If your father was a signatory on any company bank accounts, you will need to update the bank with the new authorized signatories. Ensure that the business accounts are updated to reflect the changes in ownership.
Also, update other business-related accounts and relationships (e.g., suppliers, clients, etc.) to inform them about the change in the ownership structure.
For further assistance, kindly share your WhatsApp number.
Greetings,
You must provide us with an inheritance document stating the number of heirs and the share of each heir, confirming that you are the representative of all heirs under a legal power of attorney to manage the deceased father's funds.
A financial assessment of all profits and assets of the aforementioned companies is required. A decision must be made regarding either waiving the deceased father’s shares in these two companies or purchasing the shares of his partners.
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 WhatsApp, phone, or email.
Dear Questioner,
To remove your father's name from the LLC trade licenses in Dubai, you'll need to follow a specific procedure involving the relevant authorities and legal processes.
Gather any legal documents related to the LLCs, such as the Memorandum of Association (MOA) and Partnership Agreement.
Contact the relevant Economic Department (DED) or free zone authority where the LLCs are registered.
Inform them about your father's passing and the need to remove his name from the licenses. Provide the required documentation, including the death certificate and any legal papers.
To transfer ownership of the LLCs, formally transfer your father's shares to the legal heirs and update the bank accounts with the new authorized signatories.
We will discuss the procedures in detail. Kindly share your WhatsApp number to discuss this further.
Dear questioner,
We can act on your behalf and handle the necessary procedures, including canceling the visa. The required documents are the MOU and any partnership agreement made, if applicable.
If you need our assistance, kindly share your WhatsApp number.
If you have an inheritance certificate, the shares can be distributed among your father’s legal heirs. Otherwise, the necessary documents must be submitted to the DED for amendments in the trade license and MOA.
We can assist you in this regard. Please contact us at [----------] for a detailed discussion and assistance.
Dear Questioner,
First of all, I would like to express my sincere condolences on the passing of your father. Regarding the removal of his name from both trade licenses in Dubai, you can follow the following steps:
- Submitting Notarized Death Certificate:
Ensure that your father’s death certificate is notarized by the Indian Embassy in the UAE and attested by the UAE Ministry of Foreign Affairs and International Cooperation.
- Amendment of the Memorandum of Association:
The company’s Memorandum of Association must be amended to remove your father’s name as a partner. This requires preparing an addendum to the Memorandum of Association reflecting the changes in the partnership structure.
- Obtaining Partners’ Approval:
The proposed amendments must be approved by all existing partners. It is advisable to document this approval in writing.
- Submitting the Amendment Application to the Dubai Department of Economic Development (DED):
After preparing the required documents, the application for amending the trade license must be submitted to the Dubai Department of Economic Development. You can visit their website for more information on the procedures and requirements:
- Paying the Required Fees:
There may be a fee for amending the trade license. It is advisable to check the current fees by contacting the DED or visiting their website.
- Update Official Records:
After approval of the amendments, all official records and documents related to the company must be updated to reflect the new changes.
It is advisable to contact the Department of Economic Development in Dubai directly
For assistance, please contact us via phone or WhatsApp number [----------].
Dear Questioner,
Thanks for your inquiry!
According to the UAE Commercial Companies Law, the death of a partner in an LLC does not automatically result in the dissolution of the company.
The remaining partners have the right to continue the business and the deceased partner's share in the company will be inherited by his heirs.
In your case, as your father was a resident of UAE at the time of his death, his assets in the country, including his share in the LLC, will be governed by the UAE laws of inheritance. This means that the distribution of his assets will be based on the Sharia principles of inheritance.
To remove your father's name from the trade license, the remaining partners will need to follow the procedures set by the Department of Economic Development (DED) in Dubai.
This includes submitting a request to the DED along with the death certificate and other relevant documents. The DED will then review the request and make the necessary changes to the trade license.
It is important to note that the process may vary depending on the specific circumstances of the case and the policies of the DED.
It is recommended to seek legal advice from a lawyer or consult with the DED for specific guidance on the process.
Additionally, it is advisable to consult with the other partners and reach an agreement on the distribution of your father's share in the company. This will help avoid any potential conflicts or disputes in the future.
Kindly do not hesitate to reach out to us directly via phone or email for further guidance.
Greetings,
Greetings!
It is necessary to file a succession case in Dubai Court to establish all heirs and transfer shares to them. After that, they can sell or gift their shares to anyone else. For assistance, please contact [--------].
Dear Questioner,
I'm sorry for your loss and understand the complexities you're facing regarding your father's business interests in Dubai.
To address the removal of your late father's name from the LLC trade licenses, please consider the following steps:
- Obtain a Succession Certificate:
Since your father was a UAE resident, you'll need to apply for a succession certificate from the UAE Personal Status Court. This certificate identifies the legal heirs and their respective shares in the deceased's estate.
- Translate and Attest the Death Certificate:
Ensure that the death certificate is translated into Arabic by a certified translator and attested by the UAE Ministry of Foreign Affairs.
- Amend the Memorandum of Association (MOA):
With the succession certificate, the LLC's MOA must be amended to reflect the transfer of your father's shares to the legal heirs. This process involves drafting an amendment and having it notarized.
- Update the Trade License:
Submit the amended MOA, along with the necessary documents, to the Department of Economic Development (DED) to update the trade license accordingly.
Given the intricacies of this process, it's advisable to consult with a legal professional to ensure compliance with all legal requirements and to facilitate a smooth transition.
Please feel free to reach out to me via WhatsApp or phone at [---------] to discuss this matter further and to provide you with tailored assistance.
Best regards,
Suhail Rana
