Q: Is it possible to give a POA, my lawyer file insolvency in absentia, and obtain bail from the same court? A: There are conditions to accept an insolvency request. Therefore, it is not a matter of submitting a request but conditions and a case that need to be built to avoid rejection…

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Is it possible to give a POA and file for insolvency in absentia?

Insolvency Law No. 9 of 2019: Court may order to stop all criminal and civil proceedings against an individual defender.

I do not live in Dubai, UAE, and I am currently hiding out overseas. I have pending 2013 judgments by the criminal court in absentia and civil court in absentia.

- Could you please recommend an experienced lawyer to file for insolvency in Dubai Court?

- Is it possible to give a POA, my lawyer file insolvency in absentia, and obtain bail from the same court?

Elsayed Abdalla

Momentum Legal & Management Consultancy

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9 Apr 2021, 12:45

There are conditions to accept an insolvency request including brief financial situation, expected income within the next 12 months, details of the debtors, details of the assets owned, legal actions taken against the insolvent, amounts required for personal and family needs, settlements recommendation, funds transfer details within the last 12 months and any other necessary documents.

Therefore, it is not a matter of submitting a request but conditions and a case that need to be built to avoid rejection.

For more details, please contact me back via phone or email.

9 Apr 2021, 13:07

So true!

You are right Dear Elsayed Abdalla and your answers are precise and fruitful.

With said conditions; must I be present in Dubai and join the workforce in Dubai UAE to have at least 12 months of Bank statement before filing insolvency?

But then I must wait for 2022 for the new law decriminalizing cheque bounce and cancelling 401, 402, and 403.

Once the law implemented, might I be detained at the airport for judgement in absentia and either prosecutor or appeal court will dismiss the old judgement of imprisonment.

On 27 September 2020, His Highness Sheikh Khalifa Bin Zayed Al Nahyan, President of United Arab Emirates, issued a new Federal Decree No. 14/2020 (the “Decree”) amending and adding many articles to the Commercial Transaction Law No. 18 of 1993 (“CTL”).

Most of the amendments deal primarily with commercial cheque rules. The Decree also cancelled articles No. 401, 402, and 403 of the UAE Penal Code (“Penal Code”), which used to penalize the issuance of cheques with bad faith/insufficient funds.

All the new amendments of the Decree will come into force only by January 2022.

9 Apr 2021, 22:05

Dear Client,

The law which will be valid on 2nd Jan 2022 did not refer to the previous legal actions taken.

In general, it shall be applied to any current cases only where no final judgments issued.

Therefore and in order to estimate and build your case, please refer to documents and discuss for review and detailed advice on the contact details provided earlier.

10 Apr 2021, 00:15

Agreed.

I may need to go to the appeal court to convert the judgment into a fine as per law 1/2017 or dismiss the case as per law14/2020.

However, I'm sending you my documents via email.

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