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Dubai, UAE

What to do when you default on financial liabilities of your company?

I have an LLC company in Dubai mainland since March 2013, and I'm a 49% shareholder of the company.

I have taken a loan from a bank in August 2019 and have paid 7/48 instalments to the bank. Then, I was unable to pay back due to the COVID-19 crisis.

I have the following unpaid debts:

1. Business loan from a bank, outstanding about 300,000/-

2. Principle outstanding credit cards on personal name:

A. 60,800/-

B. 15,000/-

C. 5,000/-

Sum of 3 cards 80,800/-

3. I have unpaid rent of business office in Dubai amount 8000/- of period Sept 2020 - Dec 2020. The landlord refused to accept to take keys as the contract ends in December. He perhaps filed some case against me.

Currently, I'm out of the UAE and would like to get a benefit from the law of bankruptcy/law of insolvency.

Momentum Legal & Management Consultancy
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17 Apr 2021, 22:41

Hi,

Bankruptcy is applied to traders, while insolvency is applied to individuals and there are many conditions to accept the insolvency of an individual.

Please advise under who's name the lease agreement is signed (yourself or the company).

Maybe there is a third solution which is liquidation.

Please share more info and documents.

Sayed

18 Apr 2021, 00:02

The lease agreement is under the company's name.

18 Apr 2021, 05:20

Good to know, then the termination of the lease and rent can be part of the liquidation process.

18 Apr 2021, 19:30

For liquidation do I need to get present Infront of court or it can be done if I'm outside UAE.

 

What are the consequences of liquidation? Can I do job or establish any other business in UAE?

18 Apr 2021, 19:40

Liquidation can be either mutually agreed upon by both partners and if you are outside, a specific POA can work to sign the resolution before the notary public and if both parties are not in agreement, a court case can be filed, and also POA is enough.

Consequences shall be only the appointment of a liquidator to take over the company till the issuance of a liquidation certificate and it will not prevent you from having a new business or establish a new company thereafter.

18 Apr 2021, 19:46

What about company and personal debts? How it will be treated?

18 Apr 2021, 20:03

Company debts will be part of the liquidation and for personal debts, please contact me for more details!

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Al Fahad Legal Consulting
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18 Apr 2021, 00:29

Dear Questioner,

After we get a look at your inquiries mentioned above, we would like to inform you that any debts under the company name will not be effective on your name due to the fact that it is a limited liability company (LLC).

However, we can assist you legally to issue a legal expert report to check and provide the current situation of the company, the debts and any other liability.

Moreover, we have to get a POA from you to us to be able to act on your behalf in order to check first if there are any cases that might be imposed on your name or your company name.

Afterwards, and once we finalize the needful check, we can discuss on call our strategy to work on your cases until settled.

Please feel free to contact us at our email.

Thanks.

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