Questions & Answers
Questions & Answers
6 available 6 • View allOptions in case the post-dated cheques of EOS benefits bounce back

2
Q: Hello
A DIFC based company I work for hasn't paid 5 months worth of salary, plus business travel expenses. The total so far is around AED 700K. In addition, if I leave the company, there will be the gratuity and pay-in-lieu of unused vacation.
The company is offering me post-dated cheques (cheques are in the name of the company, the signer is the group president and one of the shareholders). I am trying to get cheques above AED 200K (because if the cheques bounce it is a criminal charge, right?)
1- What are the consequences for the company and the owner if the cheques bounce? Will the signer face prison and travel ban?
2- How do I raise a complaint about the bounced cheques? Which police department or government authority I need to go to?
3- If the signer says the company doesn't have money to cover the cheque, because the company is not generating revenue or has many assets, then what happens? does he get away with it? Or goes to prison and faces a travel ban?
Much appreciated
Rick


Jun 27, 2018
1492
How to recover the money of bounced cheques paid against business shares



2
Q: Hi
I sold my shares in a restaurant business in Abu Dhabi for AED 600k, paid in post-dated cheques of AED 20k a month. The cheques are issued against the business itself, not the owner.
The first AED100k were paid but starting Feb 2020, the owner stopped paying the cheques claiming the business was going bankrupt soon but the business is still operating and seems to have survived the COVID-19 situation.
I need legal advice to get the owner to start paying the cheques. All the post-dated cheques are deposited in a bank but they are issued against another bank. The business is registered in Abu Dhabi.




Jan 6, 2021
345
How to guarantee labour rights before signing the cancellation paper
1
Q: Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.

Jun 4, 2020
515
How to recover post-dated cheques from a company owner after escaping


2
Q: Dear Sir/Madam,
We (a Sharjah-based company) had business relations with Ajman Free Zone-based company. Several post-dated cheques issued by the company (against goods purchased from us) bounced and we filed a police case for the same.
The owner of the company paid fines and escaped to India sometime last year. We know his Indian residence and whereabouts. How can we force him to pay or move legally to recover the dues?
Kindly advice!



May 9, 2021
514
Is it possible for the law firm to take money from the opponent without my knowledge?

1
Q: I have doubts in a civil case; all procedures and court fees are finished. The opponent is ready to pay the money. I'm not in the UAE.
Can the law firm can take the money without my knowledge? The cheque is in my hand.


May 19, 2021
332
What should I do if my final settlement cheque from my old company bounces?




1
Q: Dear Lawyers,
From my old company, I got the final settlement in a cheque only.
In case it bounces, what can I do next?





Jul 9, 2024
133
Legal blog
5 available 5 • View allBounced Cheques in the UAE: What You Need to Know in 2024 291
In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.
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New Amendment to the Gratuity Regime in DIFC Employment Law 1
A new law amendment is set to be issued on the end of service gratuity regime in Dubai International Financial Centre. The law amendment is expected to set a monthly mandatory contribution by the employees for accruing their end of service gratuity.
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What Can I Do If I Have a Dispute With My Joint Shareholder? 5
An interview-format article covering the topic of shareholder disputes in the UAE and pre-emptive measure to be considered. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
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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.
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An Overview of the New UAE Labor Law and Recent Amendments of 2024 233
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
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Laws & Regulations
7 available 7 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47922
Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103646
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75346
Federal Law No. (35) of 1992 Concerning The Criminal Procedural Law 13
The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules.
Jun 15, 1992
19118
Federal 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
29545
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148437
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
26527

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View allHow can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
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How to transfer the shares of a company from his heirs to the partners? 0
A company is registered in a free zone (Dubai South) and had 4 shareholders.
But now one of them passed away and the successor is a very old lady, who is not cooperative and will not be able to sign any document at all (and she lives in another country).
We have no idea who will be a successor after this old lady and these people will in fact never be interested to do anything with this company.
The company is financed and managed by only one shareholder, who is willing to continue.
What can be done in this scenario to keep this company and continue operations?
How to transfer the shares of the deceased shareholder (buyout, shares transfer)?
Is there any court procedure where if no one claims their rights after some time, the shares will automatically be transferred to the company itself or the third parties?
Thank you.
A.
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Retrieving a passport from a car impounded for driving without a license 0
Hi sir,
I drive a car in Ajman without a license. On a visit visa those days, Ajman police caught me and I forgot my passport and other belongings in the car.
They impounded the car, so how can I get my passport back from the car?
My case is finished.
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Please suggest me.
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May 2, 2023
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What is the time limit to execute a judgment? 0
Dear Sir/Madam,
Time limit to execute a judgment.
I won a court case about 5 years ago. I still did not register an execution lawsuit.
What is the maximum permitted time limit between the verdict and registration of the related execution lawsuit?
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