Questions & Answers
Questions & Answers
9 available 9 • View allPreparing legal defense for a case between company partners


1
Q: My 50% partner registered a commercial case against me. During the case, the court ordered our company to be added as a litigant "ًخصماً مدخلا".
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?
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?
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?
Q4: Can I go to court and submit two memos, one from me and one from my company?



Apr 19, 2020
456
Liability of company partners against the actions of a partner


0
Q: Can I be held financially/legally liable for any actions of my ex-partner after exiting the business by share transfer?



May 14, 2019
1206
Action against a business partner for failing to fulfil his obligations

3
Q: We are 2 partners in a technical services LLC company, it's 6 months old.
I paid some money to my partner to clear the instalment amount with setup consultancy which he didn't pay yet.
Also, he's not investing his share further comparatively my investment is more for setup.
He is still using the business license keeping me away (hiding), his phone is not reachable all the time, only contacting me on Whatsapp and telling lies.
Due to his untrustworthy, I would like to claim my investment and damages from my partner and need to withdraw my partnership.
Give me a solution.


Dec 14, 2019
1180
What legal action you can take against company cheque fraud and breach of trust?
1
Q: What kind of case I need to file against a person which abused my trust, had access to my company chequebook, filled, signed with his own signature and handed over cheques to third parties without having an authorized signature in the bank?
To mention that the cheques were issued to replace cheques issued by another company, belonging to the accused party. All the cheques bounced due to a mismatch of signature.
Meanwhile, the accused is imprisoned due to other bounced cheques issued from his own company.
I'm being sent with complaints from Police to public prosecution and back, while the situation brought me in the position of not affording to pay a lawyer in advance due to accounts blocking and police case cascade against myself, from which in some cases I was already cleared.

Apr 12, 2021
538
How to claim money back from a partner after separation
1
Q: Good afternoon,
I am writing from Italy. Before going to court, I would like to know, according to UAE's laws, if I'm entitled to claim my money against my former Bangladeshi partner.
I will sum up the situation briefly:
I and my Bangladeshi partner opened on 23rd April 2019 a fifty-fifty trading company in Ajman FreeZone. Due to Covid in June 2020, we decided to separate.
Meantime in July, we received an order from a customer with a shipment date in November. After order, proforma invoice, adjustment quantity, etc, on 1th of September, we received a definitive LC at sight from the customer.
On the 14th of September, I signed in favor of my partner and left him all my 50% shares for free. I want to know if I'm entitled to ask for my part of the money because I brought the customer and my former partner doesn't want to pay.
Please note that I signed a transfer share form in Ajman FreeZone offices, but nobody wants to give me a copy.
Many thanks for helping!

Apr 1, 2021
344
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
203
What losses can I claim in a civil court case?

1
Q: Dear Sir/Madam,
If I file a civil court case, will the judge only consider the lost amount, or will they also consider extra losses such as legal fees, court fees, loss of income, and fines by the bank?


Jul 18, 2023
96
My partner withholds profits and falsely claims ownership. What should I do?



1
Q: Dear Sir/Madam,
I am currently facing a complex situation involving a business partnership gone sour. Two years ago, a friend and I embarked on a bed space business venture without obtaining a trade license.
While I covered the full investment, my friend took responsibility for managing the flat. We agreed to split the profits 50-50. However, over the past 8 months, he has been withholding profits and not contributing to utility payments, leaving me to bear the losses.
Despite my repeated requests for reimbursement, he consistently delays payment. Recently, he renewed the flat in his name and is claiming ownership.
Furthermore, he has replaced me with another partner and refuses to compensate me for my share of the goodwill amount, which amounts to approximately AED 30,000.
Additionally, he is spreading false accusations about me to mutual friends, tarnishing my reputation.
My question is, do I have any legal rights to claim from him? If so, what would be the appropriate legal procedure to pursue in this case?




Apr 26, 2024
62
Legal blog
1 available 1 • View allنظرة 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
1499
Laws & Regulations
3 available 3 • 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
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
19086
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33002

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I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment.
Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract.
I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract?
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Does the new property owner have to sign a new contract with the tenant? 0
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I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
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Cleaner's resignation with 30-day notice in incomplete contract 0
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
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The ownership of a code of a web application 0
Hello,
I represent a tech-based marketplace company registered in a Freezone, in the UAE.
This is in regards to the UAE's law regarding the ownership of code when there is no clause mentioned in the agreement. One of our products (web application) is being developed by an agency in the UAE.
While we do have agreements in place, there is no clause regarding ownership of code. In the situation mentioned above, I've heard that the ownership of code either goes to the author or the agency that employed the author. Is this true?
Your assistance and help would be of great help.
Sep 7, 2021
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