Questions & Answers
Questions & Answers
3 available 3 • View allمسؤولية مدير الشركة ذات المسؤولية المحدودة عن الشيكات المرتجعة


2
س: السلام عليكم،
انا مدير شركة خاصة ذات مسؤولية محدودة ولدي توكيل بإدارة المنشأة وإجراء المعاملات الإدارية مع البنوك والى آخره، كما لدي صلاحية التوقيع على الشيكات.
في آخر أشهر، دخلت الشركة في خسائر تجارية معينة. صاحب الشركة سافر لبلده بحجة قضاء إجازة والعودة فكنت مسؤولاً عن إعطاء شيكات لشركتين مختلفتين لكن بعد انقضاء الوقت المحدد لم يعد المالك صاحب الشركة والشيكات ارتجعت بحكم أنه لا يوجد رصيد في البنك.
المشكلة انا صاحب الشركة في الوقت الحالي لا يجيب على الرسائل ولا توجد طريقة أخرى للتواصل معه و لنا، موظفي الشركة، رواتب متأخرة والتزامات لم تسدد، فما الحكم القانوني عليّ بعد إمضاء الشيكات؟
علمًا بأن اسمي غير مذكور في الرخصة التجارية. أنا مدير إداري.
وشكرًا مسبقًا!



Jul 8, 2021
1981
مسؤولية مدير شركة عن الشيكات المحررة باسمه عند تعثر الشركة
1
س: السلام عليكم،
أنا مدير وشريك فى مطعم سابقًا وتم الإخلاء الجبري لعدم دفع الإيجار والمالك يطالبني بدفع الإيجار المُستَحق حتى ميعاد الإخلاء بما يعادل 79000 درهم مع مصاريف المحكمة.
وبحكم أنني مدير الشركة، فقد صدر ضدي قرار تعميم وضبط وإحضار، وبالتالي منع من السفر وقد سافر جميع الشركاء.
فما موقفى القانونى حيث أنني لا أعمل وليس لدي مصدر دخل للتسوية؟ وكذلك فأنا أرغب في الحصول على وظيفة جديدة أتمكن بها من سداد الديون المستحقة عليّ، ولكن لا أستطيع في وجود هذه القضية.
انصحني بالله عليك!
ولكم جزيل الشكر والعرفان!

Apr 26, 2019
504
Director's responsibility for rental cheques upon bankruptcy/liquidation
3
Q: Good Day,
We are an LLC based in Fujairah. Due to COVID, we have run out of money and will need to declare bankruptcy or liquidate it. However, when all rental cheques were handed over, they were from my personal account (as we took a loan to start the business and did not have a bank account for the business yet).
These cheques are still in the possession of the lessor. It would be possible to replace the cheques but I will still need to personally sign each cheque, as I am the director of the LLC.
If we liquidate, would I be held responsible for the payment of the outstanding rent?
Can I end up in jail if I don't pay?
Is this not exactly why an LLC is established?
What will be my responsibilities as we are not getting cash into the business?

Jul 5, 2020
782
Legal blog
2 available 2 • View allThe Duties and Obligations of the LLC Manager in the UAE 22
In view of the fact that the manager is primarily the point of reference for the company in the business streets, he is generally authorized by a power of attorney provided by the shareholders of the company or via the MOA of the company. In certain cases exceeding the powers given to the manager may make the manager, or the LLC itself, liable, depending on the nature of the manager’s actions.
Mar 25, 2020
20098
نظرة في الطعن 4 لسنة 2023 قرارات الهيئة العامة لمحكمة تمييز دبي 32
بتاريخ 24/10/2023، صدر قرار الهيئة العامة لمحكمة تمييز دبي في الطعن 4 لسنة 2023 مرسياً مبدأً جديداً مفاده أن الأصل في الناس هو الإعسار وأن اليسار عارض، وأنه يتعين -تبعاً لذلك- على طالب التنفيذ أن يثبت يسار خصمه المنفذ ضده أو تهريبه لأمواله كي يستصدر أمراً بضبطه وإحضاره ثم حبسه لإكراهه بدنياً على السداد. وكما هو متوقع، أحدث هذا القرار ردود فعل كثيرة ومتنوعة، سيما وأنه قرار نوعي يقلب كثيراً من الأوضاع المعتادة رأساً على عقب ويغير من الحالة الاجتماعية السائدة الشيء الكثير.
Nov 20, 2023
1628
Laws & Regulations
1 available 1 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47996

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