أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعPartners 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
حماية مصالح الشريك غير المشارك في الإدارة

2
س: إنني شريك بنسبة 5% في إحدى الشركات ذات المسؤولية المحدودة التي يديرها شخص آخر يمتلك 44% من الأسهم، والنسبة المتبقية من الأسهم 51% يمتلكها الشريك الإماراتي (وفقًا لما يقتضيه القانون). لدي أيضًا تأشيرة شريك صادرة بموجب هذه الشركة.
بما أنني لا أشارك في أي قرارات أو أعمال تخص الشركة، كيف يمكنني حماية نفسي من التعرض لأي مخاطر إذا تورطت الشركة في أي قضايا قانونية، على سبيل المثال، دفع غرامات مالية ضخمة لارتكاب أي مخالفات قانونية؟
هل سأكون مسؤولاً عن الدفع في حالة وجود أي غرامات؟ إذا كانت الإجابة نعم، ما هي قيمة المبلغ الذي سأدفعه؟ ما هي النسبة المئوية التي سيكون علي تحملها؟ وهل يمكنني إبرام أي نوع من العقود لحماية نفسي؟


2020/07/11
540
Freezing accounts in an expert case until the Court of Cassation if irregularities are found



1
Q: Dear Lawyers,
If I start an expert case where irregularities are found, can I request to freeze the accounts until the end (until the Court of Cassation, if needed)?
Thank you!




2024/11/26
79
Can the court replace an expert report that ignored critical evidence?




1
Q: Hi,
In a commercial case filed against me by my partner, an expert report has been issued against me, as the expert neglected my documents, even though they were critical evidence in the dispute.
I have submitted a memo to the court outlining my objections to the report. What are the chances of the judgment going against me?
Is there a possibility that the judge might return the report to the expert or appoint another one?
Lastly, if the judgment goes against me and I file an appeal, would the appellate court appoint a new expert?





+5
2024/12/27
170
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
نظرة عامة على الإطار القانوني لرواد الأعمال في الإمارات العربية المتحدة 4
نجحت الإمارات العربية المتحدة في أن تصبح مركزًا للتجارة والتبادل التجاري في الشرق الأوسط في غضون سنوات قليلة بفضل موقعها الاستيراتيجي والجغرافي وخدماتها الشاملة التي تساهم في تسهيل جميع العمليات المرتبطة بالتبادل التجاري. فوفقًا لتقرير البنك الدولي لعام 2016، تحتل الإمارات العربية المتحدة المركز الحادي والثلاثين في المؤشر العالمي لسهولة ممارسة الأعمال التجارية. كل ذلك يشجع مزيدًا من رواد الأعمال على إنشاء أنواع مختلفة من الشركات في الإمارات.
2017/03/14
6330
قوانين وتشريعات
3 متاح 3 • عرض الجميعFederal 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
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
1992/01/15
19100
Federal 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

متميز
إجابة أخرى من
1551 1551 إجابات •
عرض الجميعIs 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
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
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
I purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact? 0
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
What are my risks, especially if the tenant refuses to move out?
What legal actions, if any, can the tenant take in this situation?
2025/03/25
68

متميز
إجابة أخرى من
937 937 إجابات •
عرض الجميعWhat can I do if my employment visa got rejected multiple times by CID? 0
Hi Everyone,
I have been working in the UAE since 2019.
Since 31 December 2024, I have been in my home country because my visa was rejected a couple of times.
After waiting for 3 months, I found a new job in the UAE, but the employer told me again that the government did not approve my visa, and that was part of the CID approval.
I would like to know if I can find something to clear my issues, which would allow me again to start my work in the UAE.
2025/04/17
3
Bought a used car with a tampered odometer. What legal steps can I take now? 0
Hello,
Two days ago, I bought a used car. But yesterday, I found out that there has been major tampering with the odometer.
I have all the necessary proof to provide. Where do I move forward from this?
2025/04/17
13
How can I apply for RAK fine reduction for my expired visa while staying in Dubai? 0
Hello,
How can I apply for Ras Al Khaimah fine reduction for my expired resident visa?
I'm staying in Dubai.
2025/04/17
11
A firm took payment but didn’t ship cargo or refund. Can we file a case? 0
Hello,
The matter is whether we can file a case against an Ajman-based firm for non-shipment of cargo against the payment made to them.
They haven’t delivered the cargo nor returned the amount.
2025/04/17
18
What documents are required to acquire a local LLC? 0
Hello,
I am planning to acquire a local LLC.
What are the required documents and the process to complete the formalities?
2025/04/17
15

إجابة أخرى من
367 367 إجابات •
عرض الجميعI purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact? 0
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
What are my risks, especially if the tenant refuses to move out?
What legal actions, if any, can the tenant take in this situation?
2025/03/25
68
I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
2024/12/18
99
What to do if you get terminated and denied gratuity for a minor mistake? 0
My brother has been working for a company for 11 years. In the last 3 weeks, he had an incident/accident and scratched a plane since he only had 1 person to assist him as the company was not hiring enough people.
Senior staff like him are working more to train inexperienced new hires which adds to their workload working almost 12 hours/day including travel to DWC.
The pilot said it was aesthetic and could be painted over but a police investigation ensued. Last week 3 managers and HR talked him down as the investigation concluded.
He was terminated immediately with only this month's pay and his 11-year gratuity will not be given by the company. It was not gross negligence or malicious intent, he just didn’t have enough people to help him.
He owned up to the mistake and reported the incident within 24 hours. Can he fight for the gratuity?
2025/01/13
98
How can a person under a deportation grant a POA to a trusted person for managing his assets? 0
A person currently under a deportation order wishes to appoint a trusted person with Power of Attorney (POA) to manage their financial and legal matters, including access to their bank account and other obligations.
What is the process for obtaining and registering a POA in this situation?
Can it be done while they are still in custody, and what steps should they follow to ensure?
Please help.
2025/01/14
97
Does it matter whether the cheque was issued to an individual or a company? 0
Hello,
What legal recourse is available in the UAE for a cheque bounce?
Does it matter whether the cheque was issued to an individual or a company?
Does the value of the cheque affect the legal action or process?
2025/01/06
103

متميز
إجابة أخرى من
672 672 إجابات •
عرض الجميعTerminated for performance issues without prior warning while on vacation. What should I do? 0
Hello Sir,
I am facing an issue with my employer. I work in the private sector in the UAE, and my employment visa expires in June 2025.
After two years, I traveled to my home country for vacation, and one week after my arrival, the company sent me an email terminating my employment due to performance issues.
However, I was never given any prior warning or written notice. The termination email also did not mention any notice period or other details.
I would like to know my rights and what I should do in this situation.
2025/03/25
68
A firm took payment but didn’t ship cargo or refund. Can we file a case? 0
Hello,
The matter is whether we can file a case against an Ajman-based firm for non-shipment of cargo against the payment made to them.
They haven’t delivered the cargo nor returned the amount.
2025/04/17
18
My 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
If an employee is terminated due to poor performance, is he eligible for compensation? 0
Hi,
For the private sector, if an employee got terminated due to warning letters for poor performance issued to him, is he eligible for a 1-month compensation salary?
2025/04/15
36
How can I cancel my current visa immediately without serving notice? 0
Hello,
I got an offer letter from another company. I want the immediate cancellation paper before 20th April.
I don't have time to submit my notice period registration. What should I do?
Please give me the best advice!
2025/04/04
89
احصل على عروض أسعار من محامين
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