أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعتقسيم قرض الشركة بين الشركاء

1
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
375
كيف يمكن مطالبة شركة مدنية بالديون المستحقة بعد فتح ملف التنفيذ؟

1
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
345
How to respond when company account funds are seized without notice?




1
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!





+1
2024/02/12
167
The court has blocked my company trade license due to a cheque case of appeal. What do I have to do?




0
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?





+1
2025/03/06
78
قوانين وتشريعات
4 متاح 4 • 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
29531
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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
148394
Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code 1
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
457
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.
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Somebody filed a complaint against me and is not answering calls. Can I request the police to close the case? 0
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Can two partners in a civil company make decisions without the approval of the third partner? 0
Hi
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Does a 10% rent increase clause in the contract override the 90-day notice requirement? 0
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Salam Alaykum
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Tenant damaged property, deposit insufficient; how to claim compensation? 0
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I have contacted the bank and they have offered me vouchers for AED 1000 and then 2000 but I want to press charges for a serious offence and go for punitive damage.
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112
How should I reply to the legal notice sent by the landlord on email and stuck at the door of my villa? 0
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79
How can I obtain the new Ejari as proof if the owner re-rents the property? 0
Good afternoon,
Ramadan Kareem!
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2. Do I have the right to ask for compensation? On what basis is compensation determined?
3. I currently have a signed tenancy contract with the owner. Do I need an Ejari to raise a case?
Thank you!
Wish you a great day ahead.
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Is a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
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If an employee is terminated due to poor performance, is he eligible for compensation? 0
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Hi
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What countersuit can I file against an employer who filed a false absconding case against an employee?
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Is a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
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What are the penalties for not returning from vacation after several months or a year? 0
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Good afternoon!
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What to do if the bank filed case on me using security cheques and executed travel ban? 0
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عرض الجميعIf an employee is terminated due to poor performance, is he eligible for compensation? 0
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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?
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How can I cancel my current visa immediately without serving notice? 0
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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?
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During the notice period, is an employee allowed to take sick leave? 0
Hello,
During the notice period, is an employee allowed to take sick leave? If not, can the employer deduct the sick leave from the employee’s end-of-service benefits?
Additionally, what is the legal basis for this? Specifically, which law or ministerial decision governs this matter?
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I booked a hotel stay for Eid through a travel agency and it was canceled two days before Eid. What to do? 0
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They offered alternative hotels that didn’t match the original property. I suggested some properties, and they couldn’t arrange them, or they asked for further payment, so I didn’t book anything through them.
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It also caused significant emotional distress, less than 24 hours before the holiday. To which authority can a complaint be made in case of an unsatisfactory outcome?
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Can I request reopening a civil case if the judgment was in my absence due to sending notices to the wrong address? 0
Lawyers misunderstood my question. Please read carefully and then guide me.
Case Type: Civil Case
Claim amount: 400,000
Paid: 65,000
Reason: Commercial agreement of supply
Emirate: Ajman
This case was registered in 2022. The judgment was in my absence, as notices were sent to the wrong address.
I was sent to jail. I made a down payment, bailed, and paid some more amount as installments. The total paid amount is AED 65000.
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According to me, I had to pay only this amount because the executioner made a wrong claim, not as per the genuine claim.
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I want the court to reinvestigate and start the case from scratch.
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4) Cancellation of arrest warrant
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متميز
إجابة أخرى من
1294 1294 إجابات •
عرض الجميعIs a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
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How can I renew my Ejari if the landlord hasn’t signed the new contract? 0
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I have been here for 3 years now and paid the increased amount (as per the agreement) for the 4th year.
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I need to renew my Ejari; however, how can I do it without the landlord's signature?
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How can I file a counter-complaint for a false public cursing accusation? 0
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I was stopped at the airport because of that.
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I got a work permit and entry from a Dubai employer for work. What documents do I need to carry? 0
I got a work permit and entry from a Dubai employer for work.
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What documents do I need to carry?
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I would like to know how to clear my police record due to a legal case that was closed a year ago 0
I would like to know how to clear my police record due to a legal case that was closed 1 year ago.
I need to clear it in order to be able to get a job position.
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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