Preparing legal defense for a case between company partners

Dear Questioner,

Q1: Is the company a Plaintiff or a Defendant? Can the company make new pleas as Plaintiff and the court is bound to answer the questions?

Defendant, the company can make new pleas and counter-defence as well, or file counterclaims, yet if it is related to the case.

Q2: Who represents the company in the case? Both partners are 50% partners and both are managers of the company. What happens if one partner puts in a claim on behalf of the company and another partner puts in a completely opposing claim on behalf of the company?

The company can be represented by both managers, the court will evaluate the evidence as both are acting on behalf of the company.

You have to explain the matter to court or request the court to appoint an expert.

Q3: What happens if I put in a petition on behalf of the company, to drop the case which my other partner started against me?

You cannot as both partners are managers. Also, you cannot waive claims if it is related to your violations, I don't know if you both can act solely or jointly.

Q4: Can I go to court and submit two memos, one from me and one from my company?

Yes, you can, but it depends on the case, your powers in the MOA...etc.

Contact us to provide you with legal advice or legal services on the contact details below.

Taken Care & Answered by,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

Dear questioner,

Kindly find the answers below:

1. The company is defendant. The company can file new pleas & defence notes in the case.

2. As both the partners are managers in the company, therefore, both can represent the company. further, it is better, in this case, to request the court to appoint an external expert in the case who will evaluate both sides and give his recommendation to the court.

3. & 4. these questions can be answered after going through your MoA (to check who can represent the company and in what way).

If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.

1 - The company is a defendant, and it has the right to present whatever defence it wants

2- The company is considered an opponent for each party as long as the participation rate is equal and the partners are managers.

Each of the parties may submit their defence against the company because this submission is considered to be submitted against the other partner.

Each opponent has two capacities, personal and partner.

3- Dropping the case is not available in this lawsuit.

4- When submitting the memo, you will have one notes with your personal capacity and your capacity as partner and director of the company.

Please send us the case documents so we can give you more information.

Thank you