إبرام اتفاقية جانبية مع الشريك المواطن

Dear P.

Thank you for reaching out to me on this.

As I understand, you are running the business in the UAE and you're the absolute owner of the company. The local partner is merely a nominal owner for the sake of the Companies Law requirement.

For you to conduct your business smoothly without having to rely on your nominal partner, you must have two documents in place.

Firstly, as often described in the UAE as "Side Agreement/ Memorandum of Understanding" entered between yourself and the nominal partner, wherein it is specifically stated that all the assets, liabilities and managerial powers of the company rest on you and all the powers are exercised without any interference. Full cooperation to be given by the nominal partner.

The above agreement will be legal proof of your understanding and will also provide you with a base to work freely.

Secondly, a power of attorney notarized before the Notary Public from the nominal partner to you authorising you to act legally on behalf of the partner before appropriate government authorities.

As you will know, you need the signature of the UAE Partner for obtaining a new visa, obtaining compliances/licenses from authorities and so on.

This could raise procedural difficulties as you will need his physical presence everywhere. The Power of Attorney effectively eliminates these difficulties and gives you absolute powers.

I can certainly assist you with drafting and enforcing the above agreement and power of attorney if you wish.

You can get in touch with me on phone or email for further assistance and clarification.

I trust you will find this helpful.

Regards,

Hari Wadhwana

Hi P.

Is the local partner someone you trust?

As mentioned above, you need to have a comprehensive Memorandum of Understanding ("MOU") drafted to protect your rights over the company.

This will be in conjunction with a Power of Attorney authorising you to make all changes in the company on behalf of the local partner.

If you would like, we can schedule a meeting to discuss your company establishment and to ensure your risks are limited in respect to the local partner.

We also have a trusted local partner that you may use if you do not feel comfortable with your current option.

Please contact me on email.

Yours faithfully,

Brett Westernoff