How can we prevent blocking accounts and assets in a cheque execution case against our company?

أسئلة وأجوبة

س: لديّ شركة مدنية بها شريكان. كلاهما يمتلك 50٪ من الأسهم. خسرت شركتنا قضيةً ويجب أن تدفع 200 ألف درهم للدائن. رفع الدائن قضية للتنفيذ. الأسئلة: أ) هل يمكنني أن أدفع حصتي البالغة 50٪ (100,000 درهم إماراتي) وأطلب حذف اسمي من القضية (وفي هذه الحالة ستكون قضية التنفيذ بين الدائن والشريك الآخر، للحصول على 100,000 درهم المتبقية)؟ أم لا يجوز ذلك طالما أن الشركة المدنية لا تزال قائمة؟ ب) هل من الممكن تصفية الشركة وبعد ذلك سيتم تقسيم القضية التنفيذية إلى قسمين (القسم الأول: الدائن والشريك الأول مقابل 100,000 درهم، والقسم الثاني: الدائن والشريك الثاني مقابل 100,000 درهم). إذا كانت الإجابة نعم على الأسئلة أعلاه، يرجى إخباري بالإجراءات الواجب اتخاذها. شكرًا لك.

2020/12/15

419

كيف يمكن مطالبة شركة مدنية بالديون المستحقة بعد فتح ملف التنفيذ؟

س: لقد ربحت قضية مدنية ضد شركة مدنية تمتلك ترخيصًا مهنيًا (وليس شركة ذات مسؤولية محدودة). فتحت ملف التنفيذ بقيمة 262,800 درهم. أبلغني أحد الشركاء في الشركة المدنية بأن شركته ستقوم بتقديم طلب لإشهار إفلاسها وأنني لن أحصل على أي أموال على الإطلاق. وأخبرني أن جميع ديون الشركة سيتم محوها ولن يتم معاقبتهم ولن يضطر لدفع أي شيء. تنص المادة (671) من قانون المعاملات المدنية بشأن الشركات المدنية على أن الشركاء يجب عليهم سداد ديون الشركة. (أ) ما هو الرأي القانوني الصحيح؟ هل يمكنني المطالبة بالأموال مباشرةً من الشركاء في الشركة المدنية بعد إعلان إفلاس الشركة؟ (ب) كيف يمكنني حماية حقوقي في حالة قيام الشركة المدنية المَديّنة بتقديم طلب لإشهار إفلاسها؟ (سؤال هام: ج) هل ستوزع المحكمة تلقائيًا ديون الشركة المدنية على شركائها في حالة إشهار الإفلاس؟ أم يجب عليّ رفع قضية جديدة ضد الشركاء بعد إشهار إفلاس الشركة المدنية؟

2021/11/02

373

How to respond when company account funds are seized without notice?

Q: Good afternoon, Respected Lawyers! I live in Ajman. I am facing a situation where I suddenly received a message in my LLC company account SMS stating that a certain amount has been debited and seized by court. The debited amount is too high and the company account had very little cash so it's showing in minus. Without any calls from the court for a case hearing or judgment, I found this execution message straight away in my bank account SMS. Today, I found the very same message & same amount debited from my personal account too. How is it that the same amount will be taken twice, I have an LLC company and I even own property that is under mortgage. Still trying to get all the details from the court regarding the case that led to this execution. Can this be appealed and come to a better conclusion? Can they seize my personal property, since they have taken over my personal bank account? Kindly guide me in this matter!

2024/02/12

195

The court has blocked my company trade license due to a cheque case of appeal. What do I have to do?

Q: I had a cheque case against my company. I got the first judgment to close the file, but the plaintiff filed an appeal. The court has blocked my company, and I couldn't renew it. The company has 40 employees, and my visa is also on the company. Now, because of the court case, I can't renew the employee's visa, my visa, or my trade license. What do I have to do?

2025/03/06

121

قوانين وتشريعات

4 متاح 4 • عرض الجميع

Federal Law No. (2) of 2015 On Commercial Companies

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

29609

Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.

1985/12/15

148625

Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code

The provisions of this Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code, known as the "New Civil Procedures Code", governs civil procedures in the United Arab Emirates. The New Civil Procedures Code repeals the previous UAE Civil Procedures Code (Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code).

2023/01/02

510

Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law

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

33110

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After buying a property, what is the process for handover in case a tenant is occupying it?

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2025/02/11

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Can two partners in a civil company make decisions without the approval of the third partner?

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114

Does a 10% rent increase clause in the contract override the 90-day notice requirement?

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2024/11/22

119

Can I resell branded sportswear online through my website in the UAE?

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2024/11/21

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After acquittals by the first instance and appeals courts, can the case still go to the Court of Cassation?

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2025/05/22

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After evicting a tenant for renovation, can the landlord rent the property to another tenant?

Hello, If the tenant is evicted due to renovation, once the renovation is done, can the landlord rent the property to a new tenant, or does the landlord have to wait for 2 years?

2025/05/22

What is the responsibility of the employee in case of leaving before the end of the notice period?

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2025/05/21

What can I do if the employer refuses to compensation and settlement after terminating me without notice?

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2025/05/21

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I have video recording of my husband beating me. Can I show this in the child custody hearing?

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2025/03/19

Does a cheque bounce effect my AECB score ? Is there a policy for this?

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2025/03/20

156

I lost the appeal filed by my landlord. What can I do if he illegally keeps my last cheque and deposit?

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What are the wife's rights after Tafreeq (separation)? Does it lead to divorce?

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2025/03/17

In an RDC enforcement case, what is the best way to pay, on the RDC app or directly to the landlord?

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2025/03/17

150

متميز

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Can I file a case against a friend for privacy breach if he claimed I scolded him for his act?

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2025/03/18

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2025/03/17

113

How can I obtain the new Ejari as proof if the owner re-rents the property?

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2025/03/13

112

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Hello, They hired me from London and, within a month or two, are considering firing me even though they haven’t provided the tools or training needed for the job. Do I have legal grounds to sue if I am let go?

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متميز

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Can a friend be held liable for sharing my private medical information without my consent?

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What is the responsibility of the employee in case of leaving before the end of the notice period?

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After acquittals by the first instance and appeals courts, can the case still go to the Court of Cassation?

2025/05/22

Can a friend be held liable for sharing my private medical information without my consent?

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143

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2025/05/13

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2025/05/21

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After acquittals by the first instance and appeals courts, can the case still go to the Court of Cassation?

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