Questions & Answers
Questions & Answers
3 available 3 • View allFiling criminal and civil cases against a company for cheque bounce



2
Q: Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?




May 14, 2020
1679
Debt recovery case from a company owner who fled the country
3
Q: We are an LLC company in Dubai, an India resident. We sold goods to a general trading company in Dubai.
He paid 30 % cash and a balance in a post-dated cheque of AED 63000. We presented the cheque two times, and the cheque bounced 2 times.
We have gone to the office many times but the office is closed and the person ran away to India.
As we are also Indian, after a court case in Dubai can we file a case against the person in India?

Nov 27, 2018
1466
Recovering an amount lended to investors with security cheques


0
Q: I had given a cash loan of 1.2 million to a restaurant owner in Dubai for 1 year, on a PDC security.
They served me some profit for almost a year, and when the date of repayment came, he started giving me different dates.
I bounced the cheques and complained in Dubai police, the police have opened a case and put a travel ban on the signing authority.
While running out of the country, the lady who was the signing authority was arrested and sent to the police station and from there to the public prosecution.
They used some links and skipped out of the country although the company and other partners are still in Dubai.
Please advise me what should be done to recover the amount, as the signing authority ran away.



Jun 11, 2019
566
Legal blog
4 available 4 • View allFailing to Honour Bounced Cheques in Loans and Other Transactions 8
An interview-format article covering the topic of loans and bounced cheques in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Jan 15, 2020
7029
Bounced 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.
Oct 15, 2024
221898
Bankruptcy 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
4906
Bounced Cheque Cases & Cheque Execution in Dubai as per the New Law 9
What shall I do if I have a bounced cheque? You need to contact your lawyer as soon as possible to issue a travel ban against the person who issued the bounced cheque. It should be noted that time plays a very important role in bounced cheque cases.
Aug 15, 2022
890
Laws & Regulations
3 available 3 • View allFederal 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
32998
Federal 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
47894
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3527

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173 173 answers •
View allIs there hope for bail in a 25-year sentence for a minor drug charge? 0
Dear Lawyers,
My brother was sentenced to 25 years in jail for a minor drug case (1 gram) on October 24, 2024. Can he get bail?
What will happen next, and what can I do to help him get released?
Kindly advise!
Nov 12, 2024
163
If you had a case for defaulting on a loan and resolved it, how to clear it from the database? 0
Hello,
I have a question.
My husband had a loan 15 years ago, he had difficulty paying this loan, and the bank opened a case, which was solved, and he paid the full loan.
He is still in Dubai and has a good work position.
How is it possible to remove the solved bank case from the database to have the possibility of getting the credit card and loan?
Thank you.
Sep 16, 2024
84
How can I inform authorities I signed a police statement I didn't understand? 0
Good Day,
As someone unfamiliar with local laws and a non-Arabic speaker, the police took my statement but did not provide a translation and told me to sign. I have no idea what they wrote or presented in the case.
The case is now with the Public Prosecution. What should I do to ensure the authorities are aware of this?
Sep 5, 2024
86
Can I bail my husband out if I'm a visitor and provide my passport? 0
Dear Lawyers,
My husband is under investigation, and I want to get him bailed out from detention.
However, I am a visitor. Can I get him bail by providing my passport?
Aug 29, 2024
107
How 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
138

Other answers by
226 226 answers •
View allDisputing tenant's refusal to accept old landlord's rent increase notice 0
Hi,
We recently bought a villa in Dubai. We are looking for an advocate for legal advice.
Even though the old owner gave the tenant a 90-day notice about the new rent, the tenant is not agreeing to the notice because it didn't come from us.
Since the renewal is in October and we bought the property in September, we don't have 90 days to notify the tenant of the new rent.
The tenant agreed to the new rent in an email with the old owner 90 days ago. Can we dispute this?
Sep 25, 2023
142
We had an accident. Can I claim the treatment costs paid to hospital from the insurance? 0
My family and I had an accident. The incident occurred the very next day of their arrival in the UAE on a residence entry permit and their visa//health insurance was still in process.
With gods grace, everyone was discharged from the hospital on the 3rd day after many tests and keeping us under observation. We were slapped with a hefty bill as my family was not holding any health insurance.
What are the chances that I could claim the medical expenses through the vehicle insurance, as it covers co-passengers as well?
May 29, 2023
225
My brother's wife got pregnant with another guy. What happens if he files a case against them? 0
My brother's wife got pregnant with another guy. He wants to file a case against them.
What will happen to them if ever?
May 4, 2023
291
What can I do if a company hired me then changed their mind? 0
I am working in a company and their management is the worst. They made an interview in India and called me.
After calling me here, they again made interviews and made me work for 1 month. And now, they're telling me I am not capable of work and they are mentally torturing me.
I have given them 1.5 lack in office in India and here they are not paying me any salary. I am going into depression as I am not getting any solutions.
The only solution coming to my mind is a suicide, I don’t have any other options left. I have taken money in interest and people are daily coming to my house for money.
Please guide me in a proper way on what I can do.
Apr 18, 2023
186
What happens to the company and its operations if one of the partners is deceased? 0
X Real Estate LLC is a newly formed LLC company in the mainland (DED) with 10 partners, 9 of them Indians and one Pakistani.
As per the new provisions, the company is owned 100 % by expatriate residents. The company’s business is buying and selling real estate in the UAE.
Query:
What happens to the company and other partners, when one partner dies with or without a will?
Can the remaining partners continue to operate the bank account or it will be frozen?
Are the operations of the company frozen? Can the remaining partners carry on the business as usual, buy, rent, and sell the properties?
Can the partners pay the share of the deceased partner to his legal heirs and distribute his share among the remaining partners?
Will this affect the other businesses of the remaining 9 partners in any way?
Feb 27, 2023
197

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183 183 answers •
View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
472
What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
765
Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
127
If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
1875
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
447
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