Questions & Answers
Questions & Answers
7 available 7 • View allThe procedures of declaring bankruptcy and liquidation of a company
2
Q: Hi Rajasree,
I am trying to seek help for my brother's business in the UAE which is under financial distress right now and some cheques have bounced.
Additionally, labour payments were not done for the last 3 months. His health deteriorated due to the stress and he left the country about 1.5 weeks ago.
We would like to file for bankruptcy and liquidate the business. Please let me know if your firm can help with this.
Thanks.
Best regards,
A.Dec

Jul 8, 2019
1810
Filing for bankruptcy or liquidation in case of business failure


1
Q: I am a partner of a small civil company with a professional license issued by DED.
My company has lost court cases wherein we have to pay 400,500 AED. These cases are in the execution stage.
My company also has debts of 364,000 on our books. The company is not in a position to pay the proven debts in execution court or the pending debts mentioned in our books. I want to close the civil company.
Question 1: Is it better for me to file for bankruptcy or file for liquidation of the company?
(Or will the court immediately start one procedure if I register the other procedure?)
Question 2: I heard that the court starts criminal proceedings automatically if bankruptcy proceedings are started. Is this true? What rules to follow to avoid criminal charges?
Question 3: After the civil company is declared bankrupt, will the partners still have to pay the creditors (In the ratio of the shares they held in the civil company) because our company is not an LLC.
Thank you for your help!



Nov 1, 2021
735
The difference between dissolution, liquidation and bankruptcy


2
Q: Dear sir/madam,
I have a small civil company for consultancy activity (not an LLC). The company has debts that we have not been able to pay. One of the partners is refusing to cooperate and refusing to sign a company closure contract for mutual dissolution of the company.
A) What steps can I take to dissolve the company?
B) Is there a difference between "dissolution", "liquidation" and "bankruptcy" for a civil company?
C) What are the rights of the creditors of the civil company after the company is no longer existing?
D) What happens to earlier existing execution cases against the company after the company is no longer existing?
Thank you for your replies and assistance over here!
I can visit the offices of the lawyer who makes an informative reply here to negotiate to represent me for this issue.



Jan 18, 2022
656
Bankruptcy and dissolution of a small civil company
1
Q: Dear sir/madam,
Request for 1 hour Pro-Bono consultation. I wish to register two lawsuits:
A) Performance order
I and my partner each have 50% of a house as per the title deed.
The partner signed an affidavit confirming that his 50% share of the house is a loan from me and he will return the 50% share whenever I ask for it.
B) Bankruptcy and dissolution of a small civil company
I request 1-hour pro-bono consultancy for the above lawsuits where you share your ideas on how you will proceed with the lawsuit, after which you can make me your offer to represent me in the above lawsuits.

Jan 4, 2022
371
Can a shareholder in a company loan money to the company with interest?



3
Q: Can a shareholder in a company give a loan to the company, and expect an interest payment from the company - legally?
If not "interest", can there be an agreed fixed sum that the company will pay the shareholder specifically for providing this short-term "loan" to meet the company's working capital requirements?
The point to note is that it's not just any individual giving money to the company, but actually a shareholder "loaning" money to the company for an expected monetary return.




Dec 21, 2022
2346
Foreign shareholder in struggling UAE business: Can I walk away?

2
Q: Dear Sir/Madam,
I am a foreign minority shareholder in a business based in the UAE. The business is struggling, and its license is overdue.
Unfortunately, my partner is not responding to any communication, and we are accruing late fees from the expired license. What are my options here?
At this point, I would not mind relinquishing my shares and walking away if that were possible.


Jul 10, 2023
127
Where do I file for insolvency as an individual and for bankruptcy as a company?

1
Q: Dear Sir/Madam,
Where do I file for insolvency as an individual under the Insolvency Act, and where do I file for bankruptcy as a company? Please provide specific locations.
What happens if I don’t have any money to pay anything? Do I go to jail after filing for any of these if there is no way I can pay the debt even after liquidation?


May 23, 2024
120
Legal blog
6 available 6 • View allBankruptcy Law and Personal Insolvency Law 10
This article will briefly explain about the Personal Insolvency Law of 2019 and Bankruptcy Law of 2016 in the UAE. Previously, there was only the Bankruptcy Law that was available for the commercial companies, merchants, traders, and similar persons who were suffering from the financial crisis but now individuals have such options available as well especially considering the effects of COVID-19. Both laws were issued to assist distressed persons and entities by offering them settlement options.
Oct 1, 2020
4978
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.
Mar 18, 2020
7349
The Legal Alternatives of Bankruptcy in the UAE Legislation 1
The UAE continues to strive to modernize its laws and create more flexibility in meeting the needs and requirements of investors and businessmen and elevate its economy to the highest levels of growth and development.
Apr 9, 2019
2513
Recent Amendments of the Laws in the UAE 4
An interview-format article covering the topic of the new amendments to the laws in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 3, 2021
3116
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.
Jun 8, 2021
19248
Filing for Bankruptcy and Insolvency in the UAE: What You Need to Know 8
Dealing with financial difficulties can be overwhelming, but the UAE provides a comprehensive legal framework to manage bankruptcy and insolvency in a way that benefits both debtors and creditors. Understanding these laws and how they work can make a huge difference in navigating the process successfully.
Nov 12, 2024
362
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
29585
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
148542
Federal Decree-Law No. (51) of 2023 Promulgating the Financial Restructuring and Bankruptcy Law 0
The provisions of this Federal Decree-Law No. (51) of 2023 Promulgating the Financial Restructuring and Bankruptcy Law, known as the "Bankruptcy Law" governs Financial Restructuring and Bankruptcy regulations in the United Arab Emirates
Oct 2, 2023
161

Other answers by
Can the new owner of an apartment increase my rent if it is against RERA Index? 0
Hi
I'm a tenant of an apartment and a new owner has purchased the apartment. I would like to know:
1. Should I revise the Ejari by canceling the previous one and applying for a new one?
2. My current rent is 35% less than the current market value. Can the new owner change the rent as per the market value, or he still has to follow the RERA Index calculator for a new contract?
Nov 19, 2023
127
I agreed with my landlord to increase the rent 10% I pay in cash. Should I insist on changing the contract? 0
I'm staying in JLT in a house with a rent of AED 140,000 per year. The lease starts on 1st Sep '23 and expires on 31st Aug '24.
The landlord sent me a legal notice from the Dubai Courts in mid-Sep '23, giving me 1-year notice to vacate the house as he plans to sell the house. The notice was received by me through email from the court.
He claims the email notice sent by the court is not valid till I receive it by courier via Aramex for my physical signature. Can you please confirm if this is true?
The landlord is now ready to let me stay in this house for two more years. He has proposed that we maintain the existing lease agreement and Ejari. However, I should pay him AED 14,000 in cash (10% increment).
We will sign a separate paper document wherein we will agree that I will further rent increase of 10% (10% on (140,000+14,000)) on 1st Sep'24 when my current lease expires.
Should I insist on making a fresh written contract with the higher rent (140,000+14,000=154,000)?
Nov 18, 2023
153
Is it possible to terminate a labor contract before the end of the two-year term? 1
Hello.
I have been with my employer for 15 months, and my employment contract is for two years.
Is it possible to terminate the contract before the end of the two-year term?
Nov 24, 2023
147
I have signed Form F and got the mortgage but the seller is in breach. What to do? 1
Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks
Nov 16, 2023
927
Dubai landlord served eviction notice to tenant but now wants to revoke it 1
Dear Sir/Madam,
I own an apartment in Dubai and served the tenant a legal eviction notice through Dubai courts in March 2023. The reason for the eviction notice was that I was planning to move into the apartment.
However, my circumstances have changed, and the original tenancy contract end date is December 2023. The tenant has now requested a one-month extension of the contract until January 2024.
Can I revoke the eviction notice that I have already served?
Nov 13, 2023
215

Premium
Other answers by
I have a case running in court and I am afraid the debtor will flee the UAE. Will a travel ban be automatically placed? 0
I filed a money claim above AED 10,000 (but will probably be above AED 50,000 if capital + dividends are combined) against someone in Abu Dhabi.
The mediation time has elapsed, 2 court sessions have been done, and the defendant still hasn’t shown up or appeared in either of those. In the last/latest court session, the judge said that the defendant is still inside the UAE.
About the travel ban, is it automatically applied to him because of the case, or do I have to ask/request it to be applied to him through the Abu Dhabi court?
May 2, 2025
11
Can the landlord send me an eviction notice for non-payment despite submitting an offer and deposit at RDC? 0
I’ve lived in my building for over 4 years, with the most recent rent being AED 50,000. Each year, the management collects cheques and extra AED 2,400–2,500 cash (no receipt) for management and Ejari fees.
My contract was due for renewal on 15 Feb 2025, but management delayed, demanding a 10% rent increase even though no formal 90-day notice and the RERA index did not allow it.
After a month of excuses, the manager called on 12 March, insisted increase to 55K, and threatened eviction if I refused. When I referenced RDC, he hung up. The next day, he again made unprofessional remarks, so I decided to go with RDC.
I submitted my offer and deposit on 13th March, but the management didn’t respond. The case went to the judge on 14 April he ruled in my favor.
On 30 April, I applied for the execution of the ruling, and RDC says I can renew Ejari only on 8th May at DLD with cheques given to them.
However, on 1st May 2025, I received a notarized eviction notice for non-payment of rent and communication.
My question is, what will happen at DLD now?
May 2, 2025
11
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
May 1, 2025
16
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
46
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