Questions & Answers
Questions & Answers
10 available 10 • View allChoosing the suitable sponsor for a general trading company
0
Q: I'm going to get a license for a general trading company, my question is:
Can the sponsor be an LLC company that already has a local sponsor, or I still need to have a local sponsor?

Jan 29, 2020
436
Entering into a side agreement with the local Emirati partner

1
Q: Hello,
My name is P.
I'm about to open up a company here in the UAE. However, we under the sponsorship of an Emirati.
We agreed that he would give the power of attorney under the court to manage everything including bank account, bank cheques.
I need advise on how best we can come with an internal agreement.


Sep 12, 2019
1360
Required documents to safeguard your investment in a civil company
1
Q: Hi Mam,
What is the importance of side/investment agreement for a civil company?

Mar 29, 2019
446
The validity of a nominee shareholder agreement in the UAE

1
Q: Hi,
Would a nominee shareholder agreement be considered as a violation of the Commercial Companies Law in the UAE and be punishable?


Apr 19, 2020
972
Legal assistance in drafting a shareholders agreement for a startup
3
Q: We are a startup based in the UAE with a setup in the BVI and shareholders.
We have been growing rapidly these past couple of years and we are looking for a reliable lawyer to re-write our shareholder agreement and help us with the legal structure of the company.
Kindly advise.

May 16, 2020
541
Settlement with the local partner and closing company due to loss

1
Q: Hi,
I am having an LLC company in Abu Dhabi, started in 2013 with 51% local partner and 49% from my side.
Every year I pay AED 14000 to the local partner regardless of the profit or loss. The important point is that the local partner never invested in my firm and it was only in the notary documents (51%).
Now I want to cancel the company due to the loss and local sponsor is asking for AED 50,000 for cancellation which I don't have.
He said I can file a complaint in the police. Also, I have only the paid receipt of the local partner paid amount for the last year.
Kindly advise on the legal aspects of it.


Aug 4, 2020
1194
The legality and reliability of a joint venture company agreement

2
Q: Dear All,
Warm greetings!
We are in the process to create a joint venture company in Dubai, between a company from Europe (Named EU) and an existing company in the UAE (name UAE). The name of the new company is EU, UAE LLC.
The new trade license mentions:
- New company name is: UAE-EU LLC company
- Shares are 51% to UAE partner and 41% to EU partner
However, the foreign partner from Europe is asking me and another person to be part of the new JV Company as managing partners of the new company (COO and CTO).
The shares would be: 20% for UAE partner + 40% for the EU partner and 20% for COO + 20% for CTO, but we will not have any salary; only 20% commission as COO and 20% as CTO, because we are not employees.
Our names as managing partners are not mentioned in the new trade license.
Can you please advise if this is enough to protect ourselves as COO/CTO? and also is the side contract taken into consideration by the UAE law in case of payment issues?
Kind regards,


Oct 14, 2020
314
Precautions should be taken to protect a partner in an LLC

2
Q: I have a 5% share in an LLC and the other partner holds 44% apart from the local partner's 51%.
I am just a namesake partner. I am not involved in the day to day functions of the company and the manager on the Trade License is my other partner.
I wish to know what happens if there is any fine on the company or any legal case? What will be my obligations?
How can I safeguard myself in this scenario?
What precautions should I take?


Nov 25, 2020
308
How can a small investor establish an advanced manufacturing factory and enter into a JV?




1
Q: I am a small investor who wants to establish an advanced manufacturing factory in Abu Dhabi.
I have another investor outside the country who is willing to invest USD 50 million as a JV between our companies.
What is the correct and legal way or steps in order to sign the agreement with the investor and start receiving the investment funds in our bank account so we can start building the factory, hiring, buying the machines, and starting with the project?





+1
Oct 24, 2022
157
Can a shareholder in a company loan money to the company with interest?



3
Q: Can a shareholder in a company give a loan to the company, and expect an interest payment from the company - legally?
If not "interest", can there be an agreed fixed sum that the company will pay the shareholder specifically for providing this short-term "loan" to meet the company's working capital requirements?
The point to note is that it's not just any individual giving money to the company, but actually a shareholder "loaning" money to the company for an expected monetary return.




Dec 21, 2022
2292
Legal blog
5 available 5 • 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
3649
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
17695
100% Foreign Ownership of Companies in the UAE 12
The UAE government has announced important changes to the federal Commercial Companies Law, the most significant is related to the foreign ownership of mainland companies. This will grant foreign investors the full ownership of share capital in companies carrying out certain activities specified to that effect by the competent authorities. This means that foreign investors’ shares will not be limited anymore to a maximum of 49% like before, but can be up to 100% instead.
Jun 13, 2021
3114
The UAE Issues Rules for Full Foreign Ownership of Companies 0
In terms of existing companies which include Emirati partner and its activities have been availed for full ownership by Foreign investors Dubai Department of Economic Development stated that those companies will remain as is without change.
Jun 6, 2021
675
Online POA and Other Notary Public Services in the UAE 28
With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.
Jun 8, 2021
19197
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
29540

Other answers by
109 109 answers •
View allCancellation of SPA for delay in delivery and defaulting on payments 0
Hi
I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%.
I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019.
Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day.
My question is can I still use the delay in the project as a clause to cancel my unit?
Can I cancel my apartment and how much can the developer deduct?
After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover.
Can legal help be provided in this regard?
Jun 7, 2020
894
Easy way to know whether a job offer is real or scam 0
I am a health professional in Canada.
Years back, I posted my CV to work in the middle east on a job site in the gulf. Last week, I got 3 emails claiming from a general hospital in Abu Dhabi, a hospital Dubai and another medicare hospital in Dubai for online recruitment.
they showed interest in my CV. All emails were from free accounts (gmail.com address). I chose then to forward an email to the concerned HR department of the concerned hospitals.
I forwarded one email to the official email of one of the hospitals (as given on the hospital site). They replied and said, yes, the email is legitimate and you can apply with confidence.
Now I got an offer letter from Dubai hospital with handsome salary offer but from a Gmail address. They're asking me to start position in one month only and asking to contact a travel agency based in Dubai.
Is it a scam or true? I have forwarded the email to the HR department of the hospital to determine authenticity.
Jun 7, 2020
14645
Employee rights in case of changing an unlimited contract to a limited contract 0
Hi,
What is the law if an employer wants to change a contract from an unlimited to a limited contract?
Is the employer liable to pay the 3 months arbitrary dismissal (if valid) + other monies owed prior to changing the current unlimited contract to a limited contract?
Jun 7, 2020
4887
Terminating the SPA and claiming refund for changing specifications 0
Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?
Jun 8, 2020
714
Inability to continue paying the installments of a property because of COVID-19 0
Hi sir,
I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021.
My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay.
My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far.
My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account?
What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions.
Thank you!
Jun 9, 2020
1525

Premium
Other answers by
183 183 answers •
View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
491
What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
776
Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
134
If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
1905
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
455

Other answers by
226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice 0
Hi,
We recently bought a villa in Dubai. We are looking for an advocate for legal advice.
Even though the old owner gave the tenant a 90-day notice about the new rent, the tenant is not agreeing to the notice because it didn't come from us.
Since the renewal is in October and we bought the property in September, we don't have 90 days to notify the tenant of the new rent.
The tenant agreed to the new rent in an email with the old owner 90 days ago. Can we dispute this?
Sep 25, 2023
161
We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 0
My family and I had an accident. The incident occurred the very next day of their arrival in the UAE on a residence entry permit and their visa//health insurance was still in process.
With gods grace, everyone was discharged from the hospital on the 3rd day after many tests and keeping us under observation. We were slapped with a hefty bill as my family was not holding any health insurance.
What are the chances that I could claim the medical expenses through the vehicle insurance, as it covers co-passengers as well?
May 29, 2023
231
My brother's wife got pregnant with another guy. What happens if he files a case against them? 0
My brother's wife got pregnant with another guy. He wants to file a case against them.
What will happen to them if ever?
May 4, 2023
302
What can I do if a company hired me then changed their mind? 0
I am working in a company and their management is the worst. They made an interview in India and called me.
After calling me here, they again made interviews and made me work for 1 month. And now, they're telling me I am not capable of work and they are mentally torturing me.
I have given them 1.5 lack in office in India and here they are not paying me any salary. I am going into depression as I am not getting any solutions.
The only solution coming to my mind is a suicide, I don’t have any other options left. I have taken money in interest and people are daily coming to my house for money.
Please guide me in a proper way on what I can do.
Apr 18, 2023
196
What happens to the company and its operations if one of the partners is deceased? 0
X Real Estate LLC is a newly formed LLC company in the mainland (DED) with 10 partners, 9 of them Indians and one Pakistani.
As per the new provisions, the company is owned 100 % by expatriate residents. The company’s business is buying and selling real estate in the UAE.
Query:
What happens to the company and other partners, when one partner dies with or without a will?
Can the remaining partners continue to operate the bank account or it will be frozen?
Are the operations of the company frozen? Can the remaining partners carry on the business as usual, buy, rent, and sell the properties?
Can the partners pay the share of the deceased partner to his legal heirs and distribute his share among the remaining partners?
Will this affect the other businesses of the remaining 9 partners in any way?
Feb 27, 2023
207
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