Questions & Answers
Questions & Answers
3 available 3 • 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
464
Dividing company loan between partners

1
Q: My civil company has 2 partners. Both are 50% of the shares.
Our company lost a court case and has to pay AED 200,000 to the creditor.
The creditor started an execution case.
Questions:
A) Can I pay my 50% share (AED 100.000) and ask for my name to be cleared from the case (then the execution case will only be between the creditor and the other partner, for the remainder of AED 100.000)?
Or that is not allowed while the civil company is still in existence?
B) Is it possible to liquidate the company and then the execution lawsuit will be broken into two parts (Part 1: Creditor and partner 1 for AED 100,000, Part 2: Creditor and partner 2 for AED 100,000).
If yes to the above questions, please be kind to inform the process.
Thank you!


Dec 15, 2020
373
Legal way to resolve legal issues among partners of a company
2
Q: One partner wants to leave the company. What are the options if the other partners are not willing to let him go?
It's a tech company and the partner in question is the CTO, without him, the company will almost certainly fail. There are accumulated operational losses to the tune of AED 4 million. It's a Dubai Mainland LLC.
The second partner is a Dubai company who acts as a collaborator in some of our projects. We recently found out that the GM and a couple of top managers in that company are building a clone of our most promising product.
We can prove it too. Both the teams happened to bid for the same opportunity and the customer realized both are exactly the same product and informed us.
Is this enough legal grounds to demand release from the partnership?

Jun 13, 2020
680
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What You Must Know about Company Liquidation in the UAE 15
Companies can be wound up by Voluntary Liquidation. This shall proceed as initiated by shareholders or creditors of a company by passing a valid shareholder’s resolution. When a company’s financial mechanism fails, and the company is in financial distress and/ or becomes insolvent whereby it is unable to pay off its debts, the company may file a petition for winding up to the court.
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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
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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
19098
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
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Other answers by
177 177 answers •
View allHow to liquidate a free zone company after the death of one partner 0
I am a company owner In Shams free zone of 50 per cent share and have a partner visa. My partner was a Russian who went to Russia and died.
When I went to the free zone to cancel my visa and close the company, they have asked me to get his attested death certificate and NOC from his heirs.
The problem I am facing is his family doesn’t want to give the death certificate nor they want to give NOC. Now my resident visa validity is over and I am on fine every day.
Neither the free zone is cooperating nor the partner's family. What is the other way I can cancel my visa and close the company?
Can someone guide me, please?
Apr 19, 2021
690
How the objection of a client be dealt with after being notified for termination by DLD? 0
I have been notified by DLD that I am in breach of an off-plan sales agreement, and the developer wishes to terminate the agreement.
The date on the notice is March 9, 2021, and I received it from the developer on March 11, 2021. The notice says I have 30 days "from the date of being notified" to make the outstanding payment.
On the termination notice from DLD, a list of objections is present. One of the objections states that the developer must hand over the final SPA to me.
In this case, I have not received the final SPA from the developer. I made an objection in writing to the DLD pointing this fact out and sent it via email, and received a confirmation of the same from DLD by return e-mail on April 6, 2021.
30 days from March 9th is April 8th, or from March 11th is April 10th. Does the developer have to respond to my objection before the DLD will allow them to terminate the agreement?
In this case, will the time I have to make the payment be extended by any period?
Apr 19, 2021
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Opening a trustee with wife and signing a postnuptial agreement 0
I would like to open a trustee with my wife and sign a postnuptial agreement.
Apr 19, 2021
453
Closing a business while the local service agent is not reachable 0
Hi,
We have a professional services license (2 partners) + 1 local service agent registered with DED, Dubai.
The partners wish to close the business because of unavoidable circumstances. We wish to proceed with all the necessary paperwork for cancellation.
Unfortunately, the local service agent is not available. We have been trying to connect to him multiple times but have not been able to reach him.
The due date for the renewal of the company is coming up and we want to proceed with all the paperwork for cancellation prior to that.
Kindly advise us about the options if the local service agent is unavailable.
Apr 19, 2021
805
Returning to the UAE to run business after being convicted with a crime 0
Hi,
I want some information regarding my uncle. He was arrested in November 2015 and was in prison until 13 June 2016 when he was deported to Pakistan.
The reason for the arrest was that my uncle had his own business in Sharjah and he was involved in a case where his employee accused him of attacking him and other allegations. He was arrested and convicted.
He needs to reenter the country as he has his business in Sharjah but I believe he is blacklisted/banned. How can I find out if he is blacklisted/banned and how can it be removed to allow my uncle to reenter the country and take over his business?
Is there any way of helping to resolve this issue?
I know that if he enters on a visa, he could be arrested at the airport, and don’t want that to happen.
Thank you!
Apr 5, 2021
501
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