Questions & Answers
Questions & Answers
8 available 8 • View allThe new insolvency law regarding loans of natural persons

1
Q: Hello,
About the new insolvency law for a natural person, does this also include Small & Medium Enterprise (SME) owners?
I am specifically asking about those businessmen who have business loans from banks and unable to service the loan, where the banks file a criminal case against the owner known as bounced cheque case.
Are these businessmen also covered under the insolvency law, so that they get a chance to sort out their debts?


Jan 2, 2020
1565
The new insolvency law no. 19 of 2019 and its benefit for debtors

0
Q: Hi there,
Can you please explain the UAE Insolvency Law No. 19 of 2019 on 29 August 2019, thus how beneficial the debtors for defaulting on payment?
Thanks,


Dec 4, 2019
1216
Insolvency process of a bankrupt limited liability company
4
Q: Hi.
I would like to file for bankruptcy for one of my mainland LLC companies under the new bankruptcy law in the UAE and would like to connect with law firms that provide this service.
For the first meeting with such law firms, I am looking for free consultation only.
Thanks.

Oct 9, 2017
1967
Procedures of insolvency as per the new Insolvency Law of Natural Persons
1
Q: The UAE cabinet approved a new law - The Insolvency Law of Natural Persons.
Please advise how to file the insolvency case before the court and the documents required for filing the case.

Jan 23, 2020
773
Is it possible to give a POA and file for insolvency in absentia?
1
Q: Insolvency Law No. 9 of 2019: Court may order to stop all criminal and civil proceedings against an individual defender.
I do not live in Dubai, UAE, and I am currently hiding out overseas. I have pending 2013 judgments by the criminal court in absentia and civil court in absentia.
- Could you please recommend an experienced lawyer to file for insolvency in Dubai Court?
- Is it possible to give a POA, my lawyer file insolvency in absentia, and obtain bail from the same court?

Apr 9, 2021
404
Filing for insolvency of a company during COVID-19 situation
1
Q: My friend's firm is in a Free Zone since years.
It was fine before, but in the past 15 months, due to Covid19, sales slowed down, many retail clients shut down or are not paying.
They are unable able to pay 2 business loans for two months; few creditors, work credit cards - all the total over 600k AED. The loans mature in 2023.
Can you/your firm please help them to file for insolvency or bankruptcy or a combination and close their company?
We read that a lot of Federal bankruptcy and insolvency laws with provisions for Covid19 were passed to help SMBs last year.

May 26, 2021
286
تمديد مهلة تسوية قضايا تنفيذ مدني لبنوك محلية
1
س: لدي مهلة قضائية لمدة شهرين لتسوية الوضع في 7 قضايا تنفيذ مدني منذ 6/14 وجميع الشاكين بنوك محلية وهم يماطلون ولم أستطع إنهاء أي منها إلى الآن.
ماذا أستطيع عمله مع قضاة التنفيذ لتمديد المهلة مع العلم أن المهلة ستنتهي في 8/14؟

Aug 12, 2021
172
Where to apply for personal insolvency in Dubai?

2
Q: Hello,
I would like to know where to apply for personal insolvency in Dubai.
I would appreciate your assistance in providing me with the exact location or areas where I can apply.
Thank you!


Aug 20, 2023
359
Legal blog
6 available 6 • View allThe Legal Alternatives of Bankruptcy in the UAE Legislation 1
The UAE continues to strive to modernize its laws and create more flexibility in meeting the needs and requirements of investors and businessmen and elevate its economy to the highest levels of growth and development.
Apr 9, 2019
2445
Bankruptcy Law and Personal Insolvency Law 10
This article will briefly explain about the Personal Insolvency Law of 2019 and Bankruptcy Law of 2016 in the UAE. Previously, there was only the Bankruptcy Law that was available for the commercial companies, merchants, traders, and similar persons who were suffering from the financial crisis but now individuals have such options available as well especially considering the effects of COVID-19. Both laws were issued to assist distressed persons and entities by offering them settlement options.
Oct 1, 2020
4907
الإعسار في القانون الإماراتي 14
على قدر وجود تعاملات تجارية سواء بين الأفراد من غير التجار أو الشركات أو بين كليهما، تكون هناك حالات حيث يصبح المدين بوضع مالي يتعثر فيه عن سداد المستحقات المالية تجاه دائنه، فيصبح في حالة ما يعرف بالإعسار. وقد عالج المشرع الإماراتي هذه الحالات حرصاً منه على حفظ الحقوق وإعطاء المدين فرصة لسداد ديونه، ونظم هذه العملية من خلال المرسوم بالقانون الإتحادي رقم 19 لسنة 2019 بشأن الإعسار.
Aug 29, 2021
499
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
1494
Filing for Bankruptcy and Insolvency in the UAE: What You Need to Know 8
Dealing with financial difficulties can be overwhelming, but the UAE provides a comprehensive legal framework to manage bankruptcy and insolvency in a way that benefits both debtors and creditors. Understanding these laws and how they work can make a huge difference in navigating the process successfully.
Nov 12, 2024
310
العدالة النافذة بدلاً من العدالة الناجزة 1239
سبق أن نشرنا على هذا الموقع مقالاً عن العدالة الناجزة، وأشرنا إلى أن المعنى الصحيح لهذه الفكرة ينبغي توجيهه إلى التنفيذ، بحيث يظهر فيه عنصر الإنجاز، وتتجلى فيه صفة السرعة، وذلك بدلاً من إصدار الأحكام ذاتها بسرعة كبيرة ثم تخديرها في مرحلة التنفيذ حتى تموت.
Dec 25, 2024
2221
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

Other answers by
71 71 answers •
View allThe tenant's right to refuse visits of potential buyers without prior consent 0
I am the owner and have legally notified my tenant regarding my intention to sell and have given her first right of refusal.
But she is not signing nor allowing me access to arrange visits for other interested clients.
What are my rights / legal steps to force a viewing
Feb 17, 2021
9704
The developer refuses to pay the money back after delivery delay due to force majeure 0
I am seeking legal advice to terminate the contract due to a delay in the project for a period of 16 months only.
The following is the details of the project as per SPA and some givens:
- 30% paid in installments (on time, no delay in payment).
- 70% to be Paid on Handing Over.
- Expected Handing over date: 1st April 2019.
- Longstop date of Handing over: 1st April 2020.
- Actual date of delivery announced by developer: 10th August 2020.
- Notification sent to the developer by myself to terminate the SPA and return the 30% paid amount.
- Developer responded that the notification is rejected as the delay is due to force majeure (Covid-19 Pandemic).
Question:
Do I have a winning case if I filed to court to return the paid amount?
Feb 17, 2021
619
Overstaying because a family member is tested positive for COVID 0
Our residence visa grace period expires soon. Because a family member is positive for Covid-19 and he is in-home quarantine, we are unable to fly within the grace time. What should we do?
Will we be fined?
Please guide!
Feb 17, 2021
770
Cancellation of a property purchase and refund for over-delay in handover 0
Hello
I am contacting you from London. I have purchased a property in Dubai in a project in 2005. We purchased two apartments and today we have not received anything yet.
This construction project is still going on and the developer has changed many times. Another company now runs the project, and whenever I contact them they say it's going to be ready in the next 3-months or 6-months.
It keeps postponing work are currently at standstill. I have contacted them then and the same they're waiting for more information from the Dubai authorities.
Every time there's a different story, and we get delayed. It's now been 16 to 17 years since we have invested in this and I would like to put a stop to this now, possibly get a refund and compensation.
Could you please help me by advising me what my situation can be?
Feb 1, 2021
819
Can a father claim the custody of daughter when the mother marries unfit person? 0
My wife and I got divorced 3 months ago, she has custody of our 6-month old daughter.
She wants to remarry but I disagree with the person she wants to remarry as he has a history of violence and abuse.
Can I have the custody agreement revoked?
Mar 26, 2022
714

Other answers by
34 34 answers •
View allHow long should the work visa take to be issued by authourities? 0
My visa is not yet approved by immigration but I have already signed my offer letter from my new company.
It has been 2 months already without any information on my new visa.
What could be the reason for the delay in my visa? My visa status is active until 9/04/2023.
Feb 16, 2023
151
Is it possible to resign after one year to go back to home country? 0
Hi,
Good day!
I have been working in my company for about 1 year and 1 month and I want to resign to go back home to my country.
Are there any consequences for that?
Any advice, please?
Sep 19, 2022
219
Reducing the salary of an employee before termination 0
Hello Nicole,
Greetings!
I have been working in a private company in Dubai for the last 13 years under an unlimited contract. Recently, they have made my position redundant.
I am now serving 3 months notice period as per the labour contract (2 months already served, I am now in 3rd and last month).
My employer has put me on forced paid leave to adjust my notice period against leave days balance. I need some clarification per below, please.
1. The employer is paying me a full salary for a notice period of 3 months. However based on the recent announcement from the Ministry of Labor (for Private Co. employees), can my employer reduce my salary temporarily/permanently in this last month of notice period?
2. If the answer to question 1 is YES, how will it impact the calculation of my end of service benefits like gratuity or leave balance encashment? Will it be recalculated based on the revised (reduced) salary?
3. Am I eligible to claim any other Termination/redundancy pay apart from gratuity and leave balance encashment?
Apr 6, 2020
1077
Charging an employee for employment expenses 0
Hi,
I am a first timer here in Dubai. My employer wants to charge me all her expenses incurred during my application; like medical examination, visa, work permit and the money she gave to my agency.
What should I do?
Mar 13, 2020
603
Getting the amount of a bounced cheque after car buying fraud 0
I sold my car and the buyer gave me a cheque. The cheque bounced because the account is closed. He is doing this as a regular business.
I have already filed a complaint to the police station and I'm waiting for the judgment from the court. Maybe he will get the fine only.
How can I get my money?
Which case should I file: a civil case or a car buying fraud case?
He may not have anything under his name. If a civil case is filed against him, he knows how to avoid this case .This person has more than 14 cases. Recently, he got out of jail. The issuer of the cheque is a local Emirati guy.
Feb 28, 2020
620
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer