Questions & Answers
Questions & Answers
7 available 7 • View allRight of a partner to withdraw from partnership without fulfilling obligations

2
Q: Hi,
We have created a business under LLC with a local partner.
It's been two months into preparations and approximately one month ago, the partner backed out of the agreement and requested her money back of investment.
Since the date of this request, she has gone on to ignore us and prior to this request it led to every action of ours has been ignored.
She accepted the terms of backing out and her payment via a post-dated cheque yet the partner has continued to ignore us yet again.
Now my wife and children's visa and health insurance rely on this and the current visa is due to run out. How do I confront this?


Nov 21, 2020
1020
Shareholder agreement and the legal way to exit it
0
Q: Hello
I am looking for someone to review a shareholder agreement and advise on how to exit. The shareholder agreement is done in the UAE.
Please advise if this is something you do and your fees.
Many thanks
Maria

Aug 13, 2018
306
How to clear the previous manager's name from a trade license to avoid future cases?


3
Q: I was a manager on a company trade license. My name was removed from the trade license in January 2017 and a new manager was named on the trade license.
The land department RDC has issued a travel ban against my name. The ban should be in the name of the new manager. I have copies of the old and new trade licenses.
How can I clear my name and ensure that this does not happen again with any future cases?



Dec 30, 2020
987
Can a company managing partner remove himself from the management position?
3
Q: I am a partner in a restaurant with a 20% stake and the remaining divided equally between 2 other partners.
I have been made the managing partner to run the place. I would like to resign from the position as all responsibility has been put on me.
I am not being paid for my time and efforts as a managing partner. I don't have any signing authority with banks and because of my position, all legal onus has been put on me.
They are refusing to put money into the business and as it's a new business, the initial financial support is missing which is dragging down the business.
In this situation, I am feeling overwhelmed and distressed because I know without the influx required for marketing, the business will not grow to become sustainable. And without any compensation coming from the company, I cannot survive.
So I would like to remove myself from the managing partner position.
How can I do that?

Apr 12, 2021
543
A partner wants to leave the company. What to do?
3
Q: I had registered a company in Shams Sharjah free zone since almost one year and 3 months. I own 95% of company shares and another partner has 5%.
The company until now has no activities. I already got my visa & UAE ID and the situation now is my partner wants to step out and I would like to know the process & fees to do so.
Can you advise me, please?

Nov 8, 2021
447
Can I start a new company aside my failing partnership business without being sued for competition?


1
Q: I currently have a company in the UAE with my partner.
My partner hasn't been working or contributing to the company for the past year and is very difficult to deal with.
I'm no longer able to work with him - my option is to start another similar company on the side, as dissolving the existing company or selling/buying each other's shares doesn't seem viable.
Am I able to start another company in the same line of business on the side, without any risk of a civil case?
Please note that We don't have any NDA or NOC agreement signed between us, and the MOU has no clause about non-competition.



Mar 21, 2024
69
Name removed as manager, yet I received a notice for the company's unpaid rent. What to do?




2
Q: Dear Lawyers,
I was a manager at a company, and my name was listed as the manager. However, my name was removed by a court order a year ago.
The company didn’t pay the rent so the free zone sent a legal notice mentioning both my name and the company’s name.
How do I address this issue, as I am not linked to the company anymore?





+3
Oct 24, 2024
74
Legal blog
2 available 2 • View allLegal Aspects of Company Incorporations in the UAE 5
Sometimes this seems very simple to incorporate a company in the UAE, however, investors must seek professional advice before taking this important business decision to avoid any future legal implications.
Nov 1, 2016
3639
Local Partner Share contribution in the UAE: What You Need to Know 65
For entrepreneurs seeking to set up their business in the mainland jurisdiction of the UAE, this is a useful guide to know your rights and obligations.
Jan 26, 2020
17673
Laws & Regulations
1 available 1 • View allFederal 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.
Mar 25, 2015
29525

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Other answers by
86 86 answers •
View allLabour rights for terminating a limited contract by the employer 0
Dear Sir,
My company made my position redundant due to the Coronavirus effect. I am under a limited contract.
With the end of service, they gave me one month notice period. Is it right or it should be 3 months?
Please clarify
Apr 12, 2020
596
Early termination of a tenancy contract when the landlord is not responsive 0
I want to early terminate my tenancy contract of one of my nurseries in JLT (retail unit) as the business is completely shut since March. I am unable to contact my landlord who is a Chinese national; he does not reply to email or call and may not be in Dubai.
The final cheque is due 01 May 2020, what should I do?
Apr 9, 2020
1405
Consequences of leaving the UAE without canceling the employment contract 0
I have been in Dubai 2 years ago. I left the country before the end of my contract with a hotel. I resigned after 4 months, they asked me to pay AED 5000 penalty.
Instead of paying the penalty, I just left and got back to my country. Am I banned? Will I be able to work in Dubai in the future?
Apr 19, 2020
1422
Deducting housing allowance from end of service gratuity upon resignation 0
I have resigned from my current job and my last day is May 9th after a notice period of 2 months. I was employed for 4 years.
My employer has paid me a full year housing allowance and would like to deduct the remaining months from my end of service. Is this allowed? I have not been made aware that the amount would be deducted in case I resign.
Also, I am entitled to 30 days of leave per year. Since I have resigned, they have applied a pro-rata for this year for the end of service calculation. Is this allowed?
Shouldn't I be compensated for the 30 days that I have not taken?
Thank you!
Apr 9, 2020
3227
Forcing employees to take unpaid leaves due to COVID-19 0
My company has placed all of the employees on unpaid leave due to the COVID-19 situation.
Can they legally do this without even paying our basic salary or expenses?
Apr 5, 2020
886

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Other answers by
240 240 answers •
View allHow to change the lease contract for an entity that changed from sole establishment to LLC? 0
Good morning.
Kindly help me out with the below query:
If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
115
Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
522
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
530
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
115
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
171
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