أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعCan I start a new company aside my failing partnership business without being sued for competition?


1
Q: I currently have a company in the UAE with my partner.
My partner hasn't been working or contributing to the company for the past year and is very difficult to deal with.
I'm no longer able to work with him - my option is to start another similar company on the side, as dissolving the existing company or selling/buying each other's shares doesn't seem viable.
Am I able to start another company in the same line of business on the side, without any risk of a civil case?
Please note that We don't have any NDA or NOC agreement signed between us, and the MOU has no clause about non-competition.



2024/03/21
81
هل يحتاج الشريك الإداري إلى شهادة عدم ممانعة من الشركة للعمل في شركة أخرى؟
2
س: هل يحتاج الشريك الإداري الذي يحمل تأشيرة مستثمر إلى شهادة عدم ممانعة من الشركة للعمل في شركة أخرى؟ ماذا علي أن أفعل؟
لم تعمل الشركة بعد، ولا يوجد ترويسة أو ختم، وبالتالي أخبروني أنهم لا يستطيعون توفير شهادة عدم ممانعة. وبدلاً من ذلك، يريدون مني إلغاء تأشيرتي.
ماذا سيحدث إذا قاموا بإلغاء تأشيرتي؟ هل سأظل الشريك الإداري وسأظل مسؤولاً عن عواقب الأفعال؟
أنا مجرد شريك إداري ولكنني لست صاحب العمل. أنا فقط أساعدهم في فتح مشروع تجاري هنا في الإمارات باستخدام أوراق اعتمادي.
لقد غادر الشركاء الآخرون البلاد لمدة عام ولم يبدأوا العمل بعد هنا في الإمارات.

2022/09/21
249
إلغاء تأشيرة شريك والحصول على عمل جديد
12
س: مرحبًا.
هل يمكنني الحصول على بعض النصائح حول الآتي:
أمتلك شركة في الإمارات، وهي شركة ذات مسؤولية محدودة. أنا شريك ومعي شريك مواطن يمتلك 51٪ من الشركة. لدينا عقد منفصل يعطيني كامل الملكية للشركة.
أنا على كفالة شركتي. أود إلغاء تأشيرة العمل الخاصة بي مع شركتي الخاصة وأحصل على تأشيرة على كفالة شركة أخرى للعمل لديهم. يتم تشغيل وإدارة شركتي من قبل العاملين فيها.
سؤالي هو، هل بإمكاني إلغاء تأشيرة العمل الخاصة بي، ويتم توظيفي من قبل شركة أخرى ، لكن مع الاحتفاظ بملكية شركتي الخاصة؟
لن أحصل على راتب من شركتي الخاصة.
إنني أقدر أي مساعدة في هذا الشأن.
شكرًا لك.

2018/10/01
4387
المدونة القانونية
2 متاح 2 • عرض الجميعالجوانب القانونية لتأسيس الشركات في الإمارات 5
أحيانًا ما يبدو أن تأسيس شركة في الإمارات مسألة يسيرة للغاية، لكن مع ذلك ينبغي على المستثمرين البحث عن التوجيه القانوني من قبل متخصصين عن كيفية اتخاذ مثل هذا القرار الهام بطريقة تجنّبهم أية آثار قانونية سلبية في المستقبل.
تعد الإمارات العربية المتحدة واحدة من أكثر الاقتصادات ديناميكية في العالم بفضل قوانينها الميسّرة للاستثمار، والبنية التحتية الموافقة للمعايير الدولية، والموقع الجغرافي الاستيراتيجي، وعدم وجود ضرائب على الدخل الشخصي ودخل...
2016/11/01
3650
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
2 متاح 2 • عرض الجميعFederal Decree-Law No. (32) of 2021 on Commercial Companies 0
The provisions of this Federal Decree-Law No. (32) of 2021 on Commercial Companies governs commercial companies in the United Arab Emirates. The New Commercial Companies Code repeals the previous UAE Commercial Companies Code (Federal Law No. (2) of 2015 on Commercial Companies).
2021/09/20
180
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
2021/09/20
26525

متميز
إجابة أخرى من
1295 1295 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 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
Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk? 0
Hello,
I recently found an apartment for rent and agreed with the agent to make payments in three installments.
I provided the agent with post-dated checks for the second and third payments and planned to transfer the first payment, deposit, and agency fee to the agent’s account once the lease agreement was finalized.
However, the lease agreement has not been finalized yet, and I have since found a better place. Since I have not signed any lease agreement, should I be concerned about the landlord cashing the checks for the second and third payments? Is it legal?
Additionally, the agent requested an extra 2,000 dirhams beyond the amount he intended to include in the lease agreement.
2025/03/25
50
Can the new owner use the old eviction notice to re-rent at a higher rate? 0
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
115

متميز
إجابة أخرى من
559 559 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
1591 1591 إجابات •
عرض الجميعDoes 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
Terminated 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
Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk? 0
Hello,
I recently found an apartment for rent and agreed with the agent to make payments in three installments.
I provided the agent with post-dated checks for the second and third payments and planned to transfer the first payment, deposit, and agency fee to the agent’s account once the lease agreement was finalized.
However, the lease agreement has not been finalized yet, and I have since found a better place. Since I have not signed any lease agreement, should I be concerned about the landlord cashing the checks for the second and third payments? Is it legal?
Additionally, the agent requested an extra 2,000 dirhams beyond the amount he intended to include in the lease agreement.
2025/03/25
50
Can the new owner use the old eviction notice to re-rent at a higher rate? 0
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
115
I hired an agency to close my free zone company but failed to do so. What can I do? 0
I hired an agency to close my free zone company in October last year and paid them already.
However, I have now been informed by the FDA that the company has not been closed, and I am required to upload a renewed license (which I do not have), otherwise, I will face a penalty.
The agency I hired is not responding to my messages.
What can I do?
2025/03/24
69

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
98
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
97
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
936 936 إجابات •
عرض الجميعBought 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
6
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
3
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
11
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
12
Charged in a fight case marked as a "temporary matter." What does it mean? 0
Hello,
I have a criminal case for fighting, and it is now in prosecution. The decision shows “a temporary matter” as both parties are accused. What does it mean?
I have not received a call from the prosecution yet.
2025/04/17
20

متميز
إجابة أخرى من
233 233 إجابات •
عرض الجميعCan 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
Terminated 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
Can the new owner use the old eviction notice to re-rent at a higher rate? 0
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
115
Am I allowed to wear a burka during the divorce hearing at the family court? 0
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
2025/04/16
41
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
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ