Questions & Answers
Questions & Answers
8 available 8 • 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
617
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
1419
Claiming back money paid for investment after breaching obligations


5
Q: Before 2 years, I gave a loan to the owner of an advertising company. He was getting an order of advertising on a 2-3 month credit basis.
However, he did not have the cash amount to pay the suppliers; hence, I gave him a loan against a share of transaction profit.
Against my cash cheque, he was giving me 2-3 month post-dated cheque for the amount value of cash paid + the profit.
Things went well until the very last cheque bounced with an amount value of AED 80,000.
Further, I gave the same owner but under a different company (gym business) AED 100,000 to purchase new gym equipment.
He gives me rent of 3K per month until 6 months and after that, he pays me 114K to own the gym equipment. Only 2 x 3K cheque cleared but the rest bounced.
Now, I'm left with 80K cheque from the advertising company, 3 x 3K from the gym company, 100K from the gym company, 14K from the gym company.
Can I legally proceed and successfully get my money back? What are the procedures and how much will it cost?
Thanks



Dec 19, 2019
646
Suing a partner for mismanagement of funds and causing losses
3
Q: I'm a partner in a company.
My partner who is also a manager ruined the company. There's a big load of debts in the market which also crossed the capital.
Is there any way, according to the law, by which I can sue him for mismanagement of funds and get my investment back?
If the capital is gone and further losses are more than the capital, what are my legal rights in this situation?

Jul 2, 2020
1334
Dividing company shares among partners while one of them refuses
1
Q: I am a partner in an LLC company. Due to losses, the company funds are exhausted.
In case there are dues to be given and one of the partners does not have the necessary funds, where does he stand?
In case 2 of the 3 partners would like to leave the company, what are the options?
The 3rd partner is unwilling to settle our dues which are stocks and machinery. He also does not want to pay a royalty of the company name.
The company is 30 years in the business.

Feb 25, 2021
347
هل التظلُّم من قرار الأمر على عريضة يوقف تنفيذه؟
9
س: هل التظلُّم من قرار الأمر على عريضة يوقف تنفيذه؟
علمًا بأن السؤال بشأن الوضع في قانون الإمارات.

Aug 9, 2021
2658
An equal partner is being maltreated by other partners. What to do?
1
Q: Hello Ahmed,
Perhaps you can help me! I am an equal partner in an LLC company. There are in total 3 partners. All of us are equal on the MOE (we are all managers).
While I was away on a vacation, the partners got together to try to push me out. They have done this by trying to make my life an uncomfortable nightmare in the office, blocking my work, started hiding emails, and instructing an employee of ours to do the same.
They also fired our accountant and moved our 4 years of books to a new accountant, who I've been told by them is "cleaning up". For 5 months, I've been getting excuses on why I have not been given access codes to see the new books or bank statements, etc.
I'm locked out of various platforms. I am very worried now as I'm also responsible for what they do. They cannot buy my shares and I am concerned that they are scheming a way to get rid of me in another way.
Can they shut down and open again for instance? What can you suggest about my rights here?
Thank you!

Jun 13, 2022
15
An equal partner is being maltreated by other partners. What to do?

1
Q: Hello sir/madam,
Perhaps you can help me!
I am an equal partner in an LLC company. There are in total 3 partners. All of us are equal on the MOE (we are all managers).
While I was away on a vacation, the partners got together to try to push me out. They have done this by trying to make my life an uncomfortable nightmare in the office, blocking my work, started hiding emails, and instructing an employee of ours to do the same.
They also fired our accountant and moved our 4 years of books to a new accountant, who I've been told by them is "cleaning up". For 5 months, I've been getting excuses on why I have not been given access codes to see the new books or bank statements, etc.
I'm locked out of various platforms. I am very worried now as I'm also responsible for what they do. They cannot buy my shares and I am concerned that they are scheming a way to get rid of me in another way.
Can they shut down and open again for instance? What can you suggest about my rights here?
Thank you!


Jun 14, 2022
214
Legal blog
1 available 1 • View allBusiness Contracts Faux Pas: Something Companies Inadvertently Do 12
The gaffe that most corporates indulge in is drafting important documents with major consequences themselves, by allotting the task to any distinguished practitioner within the organization, who may be an expert in some other field, only to cut down legal costs or some other reason known to them. Minor squabbles between human beings are but inevitable. Thereby drawing up intention between the parties clearly by way of agreements, and in writing, whilst in commercial trading is a prerequisite.
Mar 26, 2020
1848
Laws & Regulations
2 available 2 • 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
29550
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
19102

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
897
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
14646
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
719
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
1527

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
427
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
360
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
478
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
378
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
288

Premium
Other answers by
233 233 answers •
View allCan a registered company work with a freelancer who does not have a freelancer permit? 0
Hello,
Can a registered company work with a freelancer who does not have a freelancer permit?
At the same time, they are employed by another company.
Mar 21, 2025
59
Terminated for performance issues without prior warning while on vacation. What should I do? 0
Hello Sir,
I am facing an issue with my employer. I work in the private sector in the UAE, and my employment visa expires in June 2025.
After two years, I traveled to my home country for vacation, and one week after my arrival, the company sent me an email terminating my employment due to performance issues.
However, I was never given any prior warning or written notice. The termination email also did not mention any notice period or other details.
I would like to know my rights and what I should do in this situation.
Mar 25, 2025
71
Can the new owner use the old eviction notice to re-rent at a higher rate? 0
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
Mar 24, 2025
119
Am I allowed to wear a burka during the divorce hearing at the family court? 0
Hello,
Am I allowed to wear a burka during the divorce hearing at the family court?
Apr 16, 2025
45
How can I cancel my current visa immediately without serving notice? 0
Hello,
I got an offer letter from another company. I want the immediate cancellation paper before 20th April.
I don't have time to submit my notice period registration. What should I do?
Please give me the best advice!
Apr 4, 2025
90
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