Questions & Answers
Questions & Answers
9 available 9 • View allThe procedure of changing the local partner of a company
0
Q: Hi,
We are in the process of renewing our license. However, we want to change our old local sponsor. May I know what's the process?
Thank you.

Aug 27, 2018
980
The legal way of changing the local partner in an LLC

2
Q: I have signed 5 years ago a side agreement when forming a Dubai onshore LLC trading company, and I now realize that there is no termination clause.
One clause says that the contract is signed for 10 years and that it will be renewed after 10 years. As a result, the company who provided me with the local sponsor wants to charge me a hefty "penalty" for agreeing to change the sponsor.
Besides, they are holding all details (online access codes and password) to deal with the Ministry of Labor. So I have no liberty to change the sponsor unless I pay them a lot of money.
I am bound with them because only they can properly cancel my employees' visas if I wanted to recreate a new company.
Are such indefinite and abusive side agreements legal?
Do I have any recourse to enforce a change of sponsor without paying the "penalty" they are requesting?
Thanks


Dec 25, 2018
1708
Replacing the local sponsor and changing profit sharing

0
Q: I have opened a restaurant. Due to some issues, I had to add my local sponsor as a partner.
Now, the shares are like 64% for him and 36% for me on records. Profit share is 50-50.
He is claiming that he has lost his government job due to this high percentage of partnership in the restaurant.
He needs a large amount of money every month which I cannot afford right now.
Is there any way that I get any assistance of law in this situation?


Jun 17, 2019
903
إنهاء عقد مواطن شريك نسبته 51%

1
س: أنا مواطن شريك في شركة بنسبة 51%.
إذا أردت إنهاء العقد بيني وبينهم، فما الصيغة القانونية التي أبلغهم بها بالإيميل لأنهي عقدي؟


May 10, 2021
213
Can I convert the local share contribution of a company to 100% foreign ownership?
0
Q: I am an Indian expatriate resident in Dubai and I have a mainland general trading LLC company with a 51% local sponsor (my partner visa is also on this company).
I want to convert it to 100% owned by me and my wife. An LSA agreement is not required in the case of an LLC company.
Can I still have an LSA agreement to protect the interest of the sponsor?
Alternatively, what if I give a 1% share to the sponsor, is this a kind of protection?
What happens if the sponsor dies?

Sep 7, 2021
401
Can the business owner replace his local partner with his new landlord?
0
Q: Hi,
I'm an auto garage owner in Al Quoz 4 and planning to relocate my garage business to Al Quoz 1.
I have a local sponsor currently but planning to cancel him and make the new landlord my sponsor.
Is it risky to make your landlord your sponsor & what are the things I have to ensure before taking this decision?

Sep 23, 2021
190
How to check if I have an absconding case filed against me by my LLC local partner?
0
Q: Good evening
I am self-employed having an LLC company. I am inside the UAE and I am going through bad days because:
1) I made a huge loss due to non-payment by my client. I won the case in court and I want to file a case for recovery from the client.
2) Due to the financial case, I was not able to pay the sponsorship fee to the local partner for 2 years. He is threatening now to abscond me.
How to check whether he absconded me or not?
If he absconded me, then what will happen?

Mar 17, 2022
202
How to remove the local sponsor from a trade license due to losing all contact with him?
1
Q: We have established a trade license in Abu Dhabi. The owner is from Lebanon and the sponsor is from the UAE.
For more than 6 months this sponsor is not in contact. We called him and tried to approach him but no answer at all.
We don't know where he is and what to do. We just want to remove him from our trade license through the court.
I would like to know the procedure to remove him without his presence.
Please reply.

Jun 27, 2022
243
الكفيل ألغى التوكيل الضد ويريد الاستيلاء على الشركة. ما الحل؟
2
س: بعد التحية،
تم إنشاء شركة كبيرة رأس مالها 10.000.000 وكان الكفيل إماراتيًا. صديقي اتفق معه على الكفالة ولكنه لم يكن حريصًا وكان الآخر أذكى وطمع في الشركة فألغى التوكيل الضد الذى بينهما؛ حيث أنه لم يتضمن أن يُلغَى بوجود طرفيه.
الآن رفع قضية على صديقي ويطالبه بـ 51% من الشركة إلى جانب أن جميع المعدات مركونة بقالها سنة والشركة متوقفة.
يريد إبعاده والاستيلاء على الشركة كلها الآن مع أن كل الأصول والممتلكات باسم الشركة التي دفع مالها كله صديقي المغلوب على أمره.

Aug 18, 2022
144
Legal blog
4 available 4 • View allLocal Partner Share contribution in the UAE: What You Need to Know 65
For entrepreneurs seeking to set up their business in the mainland jurisdiction of the UAE, this is a useful guide to know your rights and obligations.
Jan 26, 2020
17693
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.
Mar 24, 2020
5900
100% Foreign Ownership of Companies in the UAE 12
The UAE government has announced important changes to the federal Commercial Companies Law, the most significant is related to the foreign ownership of mainland companies. This will grant foreign investors the full ownership of share capital in companies carrying out certain activities specified to that effect by the competent authorities. This means that foreign investors’ shares will not be limited anymore to a maximum of 49% like before, but can be up to 100% instead.
Jun 13, 2021
3113
Amendments to the UAE Company Law 2
An interview-format article covering the topic of the amendments to the company law in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 24, 2021
747
Laws & Regulations
1 available 1 • 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
29538

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1244
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
509
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
568
How to guarantee labour rights before signing the cancellation paper 0
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
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1560
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