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The responsibility of paying EOSB when a partner refuses to bear it

Good Day,

My partner and I have been 50/50 shareholders in a transport company for the last 35 years. Now we reached a stage where we can't stand each other.

I offered my partner that I will run the company for 2 years and agreed on remuneration to him with a fixed amount to be paid irrespective of profit or loss for 2 years i.e. 2018 and 2019. We both agreed.

Now we are closing the company, or else, one of us buys the other share and we need to finalize on the payout.

I informed my partner to be equally responsible for the employees resigned in 2018 & 2019 regarding the end of service benefits which he has refused saying that he was not in the company for these 2 years.

Those employees have been working with us before we had this agreement.

Please advise if he is responsible for their payments equally or not.

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Maryam Hayyaz & Wejdan Bushahab Advocates
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3 Feb 2020, 08:33

Dear questioner,

We need to review the agreement in order to comment further on this case.

Kindly contact us via phone for a detailed discussion or write us an email for further assistance.

3 Feb 2020, 08:36

Dear Madam Maryam,

Thanks for the response. There is no formal agreement between us other than a plain paper that I will pay my partner AED 1.5 million per year as compensation for me to run the company.

No other points added.

Please advise!

Dr Amira Al Bastaki Advocates and Legal Consultants
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3 Feb 2020, 08:34

Hello,

What about the agreement between you both?

We can check the responsibilities for both of you, please contact us via phone or email.

3 Feb 2020, 08:37

Dear Dr Amira,

Thanks for the response. There is no formal agreement between us other than a plain paper that I will pay my partner AED 1.5 million per year as compensation for me to run the company without his interference.

No other points added.

Please advise!

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Mohamed Bakheet Advocates & Legal Consultants
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3 Feb 2020, 08:44

As long as you agree that he has a fixed amount regardless of profit or loss, then his position becomes like an employee and thus the financial company’s burdens are upon you.

If there is no written agreement, the company will bear the financial burdens.

Avrio Legal Group
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3 Feb 2020, 09:13

Hi,

Although there is no formal agreement, we still may be able to secure your rights under relevant UAE Laws.

Kindly provide a number on which we can contact you directly. Alternatively, you can reach us via email.

Amal Hassan Karam Law Firm
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5 Feb 2020, 15:48

You can contact me directly via phone.

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