Questions & Answers
Questions & Answers
9 available 9 • View allRecovering paid investment from partners for breaching obligations


2
Q: We invested in a clinic venture (LLC) as a 25% partner with an investment totalling approx. AED 600k.
The starting date of the clinic was supposed to be 31 December 2018 as per the sale and purchase agreement. 9 months have passed, and even the basic inspection to activate the license has not been done.
I want to file a case against the original investors whose scope of work includes the activation of the clinic license, as they are currently deceiving me and creating excuses not to start the clinic.
They haven't shown till date a breakdown of expenses and where my investment has gone as the condition of the clinic has worsened.
Additionally, they are now asking for more money or threatening to close down the clinic as they haven't paid the rent for 5 months and have informed me only this week.
Kindly help me in this case. What can I do?



Sep 15, 2019
608
Partnership 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
Filing a civil case against a company for denying partnership investment

3
Q: Hi,
I want to get advice on what I should do with a company based in Dubai, which is not adding me as a partner even after payment of 100% my share money.
I have even paid double by investing all my salaries of 16 months. I am out of the UAE now.
Please advise.
Many thanks.


May 26, 2018
2160
The validity of a settlement agreement and recovering the outstanding money



2
Q: Can you help, please? I live in the UK.
A £125k debenture that I had with a Family Office based in Dubai was not repaid to me on the due date of 31 July 2019.
After numerous broken promises to repay my capital, I eventually signed a Settlement Agreement providing repayment over 10 months commencing in January 2020.
The first payment was not made on the due date and the Family Office blamed the banking system. The payment eventually arrived today, some 10 days after the due date.
I am concerned that the Settlement Agreement has already been broken, and that I may experience problems with future payments.
I believe that as the Settlement Agreement has been broken, I may be able to recover the full outstanding amount of £120k.
Can you assist me, please?




Feb 14, 2020
664
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
استرداد مبلغ أخذته سيدة للشراكة ثم ادعت الخسارة
1
س: السلام عليكم ورحمة الله وبركاته،
اتفقت مع سيدة على الشراكة في محل تجاري. حولت لها المبلغ تحويلاً بنكيًا وبعدها لم أسجِّل اسمي بصفة شريكة. كانت تتهرب وبعد شهرين من التحويل، أرسلت لي رسالة أن خذي أغراضك من المحل فقد خسرنا وسلمت أختي المحل وليس لك شيء عندي (علمًا بأن المحل موجود وهذا الكلام منذ عام ٢٠١٩).
طالبتها بإرجاع المبلغ وقالت ليس لك شيء عندي وبعدها حظرت رقمي. حاولت أحل الموضوع معها بدون محاكم ولكنها لم تستجب لي. توجهت للمحكمة ورفعت قضية والمحامي طالب باسترداد الدين الذي في ذمتها بدون شرح تفاصيل الموضوع.
جاء ردها بأنها تنكر المبلغ وبعدها أقرّت أن التحويل كان بهدف الشراكة في محل وليس قرض. طلبت المدَّعَى عليها بتوجيه اليمين الحاسمة أن المبلغ قرض وليس لهدف الشراكة. أنا لم أحصل على الشراكة ولم يتم استرداد المبلغ.
ما الحل؟
جزاكم الله كل خير!

Jan 22, 2022
217
أحقية حاضنة الأعمال في التصرُّف في الأموال قبل تأسيس الشركة
1
س: السلام عليكم،
أودعت مبلغ من المال في حساب شركة حاضنة أعمال في الإمارات لغرض الاستثمار في شركة (لم تُؤسَّس بعد ولم تصدر لها رخصة تجارية). استلمت ورقة "سند قبض مبلغ للاستثمار في الشركة التي لم تؤسس ولم يوقع عقد شراكتها".
بعد فترة طلبت الانسحاب للتأخير في تأسيس الشركة المراد الاستثمار فيها. أبلغوني أنهم صرفوا مبالغ من المال الذي أودع لغرض عمل دراسة جدوى وتأجير المكان، علمًا بأن المبلغ صُرف بدون إذن مني ولا يوجد اتفاق مسبق بشأن الصرف قبل توقيع عقد الشراكة.
هل يحق لحاضنة الأعمال التصرُّف في المال لعمل دراسة الجدوى، التي لم تُعرَض عليّ إلا حين قررت الانسحاب، بمجرد إيداعي المبلغ واستلام سند قبض مبلغ الاستثمار؟
علمًا بأن هناك مستثمرين آخرين وضعوا أموالهم أيضًا لغرض الاستثمار في مشروع الشركة ذاتها.

Apr 19, 2022
135
إنهاء شراكة واسترداد الأموال بسبب مماطلة الشريك


1
س: السلام عليكم ورحمة الله وبركاته،
من فضلكم استفساري هو:
اتفقت مع صاحب شركة خدمات في دبي على الدخول معه شريك بنسبة في الشركة. سلمته مبلغ 150 ألف درهم إماراتي ولكن نقدًا، وللأسف لا يوجد عندي إثبات لعملية التسليم إلا رسائل الواتساب وكذلك اتفاقية عرفية مؤشَّرة بختم الشركة.
ونظرًا لتهرُّب ومماطلة صاحب الشركة في تسجيل اسمي باقتصادية دبي وأيضًا عدم تحصيلي لنسبتي من دخل الشركة، قررت استرداد رأسمالي من عند هذا الشخص.
ما الحل في هذه الحالة؟
وجزاكم الله خيرًا!



May 10, 2022
255
How to handle delays in interest payments from an investment company?




1
Q: Dear Sir/Madam,
An investment company in Dubai has consistently been late with almost every payment of interest due every six months.
They do not acknowledge that the payment is late, even though the certificate states that it will be paid on 10 May and 10 Nov each year from 2020 to 2025.
The longest delay so far has been 26 days, with only one payment being 2 days early. They do not answer my calls or messages.
The payment due on 10 Nov this year is still awaited as of 26 Nov. What can I do?





+4
Dec 4, 2023
115
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An Overview of the Legal Framework for Entrepreneurs in the UAE 4
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6318
Laws & Regulations
3 available 3 • 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.
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Federal 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
148356
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
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In 2014 I had been to Qatar on a "Work-Business" visa valid for 30 days. Before my visa expiration, I fled from Qatar back to India without informing the sponsor or office management.
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Hi.
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