Questions & Answers
Questions & Answers
7 available 7 • View allRefund of money transferred
1
Q: In July 2016, I sent a big amount of money by telegraphic transfer within the UAE when I opened the account with UT market.
The company shut down at the end of last year with all money invested.
I have the Agreement with me and a copy of the Application for the telegraphic transfer.
Any chance the money can be returned?
Thank you,
Mary

Nov 19, 2017
330
Bounced cheque consequences: criminal penalty and civil case
27
Q: Hi madam,
If a lot of cheques equal to AED 300,000 have been bounced and cases are filed and a travel ban imposed, what will be the punishments or consequences to be faced if caught?
I can't afford to pay back even 1,000 Dhs. Will I have to pay the full amount?
Please advise.
Thanks

Mar 12, 2017
39117
What to do if the drawer of a bounced cheque left the UAE?
7
Q: I have a bounced cheque issued by a person who has already left the country and closed his local bank account.
I filed a criminal case with the police some time ago, but there is no result till now.
Can I do something else to get the money?

Feb 21, 2016
12773
What takes priority: contractual agreement or law?

1
Q: I purchased a commercial shop and seller left Dubai immediately after that.
There's loan with the bank in name of shop.
1. Fed Law No.18 of 1993 CL 47(1) says that the person upon whom the title to the business premises has devolved shall remain liable for the debts, if the creditors of such debts submit a statement thereof within the said prescribed period and........
2. Clause 47 (3) says: Furthermore, the disposing party shall remain liable for the debts related to the business premises and which have arisen prior to the notification of the disposal unless he is discharged therefrom by the creditors. What is the difference between the two?
Our sale agreement CL 8 says First Party (seller) bears all obligation owed by the Sold shop in favour of others including rents, wages, salaries, fees, taxes, fines .... and all other expenses related to the Shop until the date of registration of sale with the competent authority.
What takes priority, sale agreement or Fed Law and who has liability for the loan?


Mar 3, 2017
660
Issued cheques must be honored
0
Q: I issued a post-dated cheque in favour of someone. Now, I would like to change my bank account to some other bank.
Are there any legal issues in such cases?

Sep 11, 2018
553
Claiming money invested with a person who ran away
1
Q: I invested in some shop with 40000, but the person ran away with that money.

Nov 26, 2018
333
The best option to solve a dispute with a client after losing his money
1
Q: A client raised a case against our company in Sharjah for some financial disputes.
One of our suppliers took our money and ran away almost one year ago, now our situation is that we are not in a position to give back money to our client.
In this case, what is the best possible option to solve this case in court or with our client?
Your quick response will be highly appreciated!

Oct 7, 2020
320
Legal blog
1 available 1 • View allBounced Cheques in the UAE: What You Need to Know in 2024 291
In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.
Oct 15, 2024
222083
Laws & Regulations
4 available 4 • View allFederal 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.
Dec 15, 1985
148424
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.
Sep 7, 1993
33024
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19099
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3535

Other answers by
10 10 answers •
View allWorking beyond the notice period specified in the contract 0
I am currently working for a free zone company in DAFZA. The job is not going well for me and I would like to leave. I signed a three-year contract and it has been nine months so far.
My contract states that I need to give one month notice but my employer wants me to stay for two months. He says it is company policy not to accept the breach of contract compensation, hence I must serve two months without pay.
I am supposed to pay him for three months half pay, and he is refusing to allow me to pay that and serve one month notice. I am even thinking of just absconding and going back to my country. Will I get a labour ban and immigration ban?
I received an offer from one of our clients as well, but my contract has a non-competition clause. Does this apply, given that the two companies are in different industries, one is a supplier of products and the other is a consultancy service provider?
I am considering going back to my home country as my employer is being unreasonable on the 2 months notice.
Jan 2, 2018
1645
Drafting referral agreement to guarantee the payment of commission 0
Dear Sir/ Madam,
I am Sammy based in Nairobi, Kenya and I'm about to deal with an electric company in Dubai. I want to provide the company with business and in return, I get my commission from them after the deal is done.
My issue is that we may have an email agreement with them, but later after the business is done they may evade from sending me my commission. I need a letter whereby I and the company sign it as an agreement to avoid nonpayment.
Please help.
Regards
Dec 19, 2017
1508
Filing a bounced cheque case against a debtor 0
Dear Sir/Madam,
Greetings for the day.
I have given AED 150,000 to a known person (who is dealing with flat lease), on his emergency situation.
He said he will pay the amount in 3 months. As a security, I took the whole amount in cheque. Apart from that, he had given 3 cheques total for AED 36000 for 3 months.
After a month he left the country and didn't come back for 6 months.
Now, its been 8 months without giving me any amount and now he is here in Dubai. So, I contacted him for the money, and he told me "I don't have money, do whatever you want".
So, I thought of going in a legal way, where I deposited all the cheques of AED 186,000 and it got bounced today.
Please guide me through the legal process, and what is the chance of getting my money back?
Now, I am seriously in a very bad situation. I am about to lose my future in the UAE because of this issue.
Please help me out.
Warm Regards,
Dinesh
Dec 21, 2017
2316
The employee's rights upon resignation from a government entity 0
I worked for a Federal Government entity in the UAE; this entity was created by special decree so it doesn’t have a normal trade license or Labour contracts from MOL. Instead, we have signed employment contract which states it is governed by Labour Law of 1980, other federal laws and will be in the jurisdiction of Abu Dhabi.
My employment visa is from the emirate of Dubai as the entity also had a branch in Dubai. I recently resigned from my job serving 3-month notice as mandated by the HR policy. My resignation got accepted within a day and I was advised that this day would be last working day, and my notice period has been waived off.
I was just short by 15 days in completing 3 years of my service, and I had planned by cash flows assuming I would be getting paid for the next 3 months. Now, I am in a very bad situation as the employer is insisting I am not legally entitled to 3 months pay.
I need your urgent advice on the matter as the Labour Ministry cannot get involved due to the absence of labour contract.
Dec 14, 2017
2152
Redundancy and constructive dismissal 0
Hello there,
I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office.
I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years.
They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer.
Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK?
What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?
Jul 3, 2017
2398
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