Questions & Answers
Questions & Answers
8 available 8 • View allPartnership withdrawal and claiming the paid money
1
Q: I opened a bar business in RAK with a Lebanese partner. I financed it with AED 280,000 and he does the operation.
Unfortunately, I withdrew my partnership as I cannot provide more money as he asked. We agreed on making an agreement that I will cancel my partnership and he will pay me the said amount every month by AED 5,000.
The problem is that he didn't pay until now and its been 2 years. Every time I ask him he is saying no money yet, till he told me that we need to re-calculate the AED 280,000. He didn't meet me to re-calculate.
Then, he moved the bar from the rooftop to the 4th floor and it's much bigger. So, he is saying that the bar is a different one already and we are not talking about the same bar anymore.
I have an agreement signed, that if he gets a partner, he will pay me as well as if he sells the bar.
Do I have any chances of getting the money back?

Jan 18, 2018
1407
Preparing legal defense for a case between company partners


1
Q: My 50% partner registered a commercial case against me. During the case, the court ordered our company to be added as a litigant "ًخصماً مدخلا".
Q1: Is the company a Plaintiff or a Defendant? Can the company make new pleas as Plaintiff and the court is bound to answer the questions?
Q2: Who represents the company in the case? Both partners are 50% partners and both are managers of the company. What happens if one partner puts in a claim on behalf of the company and another partner puts in a completely opposing claim on behalf of the company?
Q3: What happens if I put in a petition on behalf of the company, to drop the case which my other partner started against me?
Q4: Can I go to court and submit two memos, one from me and one from my company?



Apr 19, 2020
456
How to deal with a managing partner after losing investment due to hiding information?
1
Q: Hi,
I invested a sum of money and entered into a partnership in an LLC in Ajman for cafeteria activity.
The managing partner didn't keep accounting properly through my reminders by emails and phone calls.
After some time, the business was losing but I was not able to take the decision to sell my share due to lack of data.
The business has stopped.
The value of selling the business is less than the liabilities accumulated from rental, water, electricity, mobile.
Recently, the landlord filed a legal notice for bounced cheques and I understood it has criminal and civil cases. PDC is issued by the managing partner.
I can see the below 3 options, please advise which one is best and if there are other options as well.
1- Sell the business and, on top of that, pay my share in the liabilities? This means a complete loss of investment.
2 - Sue the managing partners for negligence and hiding information which led to a loss of investment. Had they reported properly before, I could have sold my shares.
3- Do nothing and wait for court.

Dec 15, 2020
415
How to recover the money of bounced cheques paid against business shares



2
Q: Hi
I sold my shares in a restaurant business in Abu Dhabi for AED 600k, paid in post-dated cheques of AED 20k a month. The cheques are issued against the business itself, not the owner.
The first AED100k were paid but starting Feb 2020, the owner stopped paying the cheques claiming the business was going bankrupt soon but the business is still operating and seems to have survived the COVID-19 situation.
I need legal advice to get the owner to start paying the cheques. All the post-dated cheques are deposited in a bank but they are issued against another bank. The business is registered in Abu Dhabi.




Jan 6, 2021
336
إنكار بائع المؤسسة للبيع بعد تحصيله الأموال وتقديم سند تنازل
1
س: إلى السادة المحامين المحترمين،
الموضوع/
أنا مسثتمر تجاري كنت أرغب في شراء مؤسسة تجارية بمبلغ مليون درهم واجتمعت بمالك المؤسسة ووكيلها القانون. المؤسسة التي أرغب في شرائها عليها التزامات وديون وليس لي علاقة بذلك كوني مشتري والبائع ليس لديه مبلغ لسداد ديون على المؤسسة وكان يرغب في سداد الديون عبر أموال المشتري.
وهنا قام البائع بعرض سند تنازل عن المؤسّسة مُوقَّع من وكيله القانوني ومختوم من مؤسسته، وهنا فعلاً دفعت مبلغ قيمة الشراء بحسن النية كي يسدد ديون المؤسسة ويُخلي ذمتها ويستطيع التنازل عن المؤسسة خالية من الالتزمات ولكن هذا لم يحصل.
تأخَّر في التنازل رغم محاولة المشتري مرارًا وتكرارًا التواصل مع المالك ووكيله القانوني إلا أنه كان يتحايل ويماطل بأنه يحتاج إلى وقت وما شابه ذلك.
بعد الإلحاح عليه لرد المبلغ المُستَلَم، قام بتحرير شيك ووقّع الوكيل القانوني عليه وعند الصرف لم يكن يقابله رصيد.
فُتحَت دعوى أمر أداء وقام البائع بالاستئناف واحتجّ بأنه لا يعلم عن موضوع البيع شيء وأن الوكيل مستثمر وأن صاحب المؤسسة مجرد كفيل دون أن يُثبت ذلك وتم تعيين خبير كانت دراسته مجرد رأي بدون أدلة.
ما الحل؟

Apr 13, 2021
223
How to recover the money invested with a company asking to wait for 6 months?

1
Q: Dear sir/madam,
I opened an account with a company. They traded metals (gold, silver…etc). It is based in Dubai. You can buy gold online and you have the option to ask them to bring you physical gold “within 48h”.
Ten days ago, when trying to withdraw my money, they said it will take a long time to process them. They gave me a lawyer contact.
I learned that the company is suing another company as they were buying gold on credit. They are suing them for 22M AED. The lawyer told me he is working to settle the case and recover the money and it seems it will take at least 6 months.
What is your advice?


Jan 10, 2022
252
Rights of a 50% partner when managing partner withholds financial information


1
Q: Dear Sir/Madam,
I am a 50% partner in a civil company and my partner is the managing partner.
I live abroad in Europe and the managing partner is not providing 6 months of interim accounts, invoices proof, expenses, and sales generated upon my requests.
Although this request is not part of any agreement, the refusal on my partner's behalf raises further concerns due to funding a business that is making losses and I am solely funding the business.
What are my rights? And what action can I take to get the necessary information?



Mar 17, 2023
101
Can I claim all the cheques, even though some will cover the amount owed?




1
Q: Dear Sir/Madam,
I have invested money in a company in the UAE and got post-dated cheques. They requested to delay the payment for a long time. Now, I deposited one cheque and it bounced.
I am creating a cheque execution case. However, I have a few more cheques to deposit that they owe me. They gave me around 5 cheques, of which 3 will cover the money they owe.
Can I claim all the cheques? Will I face legal issues from them?





+3
Jun 12, 2024
103
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