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
1691
The new insolvency law regarding loans of natural persons

1
Q: Hello,
About the new insolvency law for a natural person, does this also include Small & Medium Enterprise (SME) owners?
I am specifically asking about those businessmen who have business loans from banks and unable to service the loan, where the banks file a criminal case against the owner known as bounced cheque case.
Are these businessmen also covered under the insolvency law, so that they get a chance to sort out their debts?


Jan 2, 2020
1576
Filing for insolvency of a company during COVID-19 situation
1
Q: My friend's firm is in a Free Zone since years.
It was fine before, but in the past 15 months, due to Covid19, sales slowed down, many retail clients shut down or are not paying.
They are unable able to pay 2 business loans for two months; few creditors, work credit cards - all the total over 600k AED. The loans mature in 2023.
Can you/your firm please help them to file for insolvency or bankruptcy or a combination and close their company?
We read that a lot of Federal bankruptcy and insolvency laws with provisions for Covid19 were passed to help SMBs last year.

May 26, 2021
294
Legal blog
3 available 3 • View allLaws and Procedures Related to the Dishonoring of Cheques 7
As the civil and commercial transactions in the UAE have been growing rapidly, and due to replacing cash with other financial instruments such as cheques for big amounts of money, this had caused some hiccups at times leading to criminal and civil consequences on the person who defaults on fulfilling obligations.
Feb 24, 2020
3041
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
4928
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
222132
Laws & Regulations
2 available 2 • 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
33028
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
3538

Other answers by
249 249 answers •
View allAssistance with clearing a police case and lifting a travel ban in the UAE 0
Good day!
I have rental disputes and got a settlement plan 8 months ago.
But I did not pay the settlement because at the moment of applying for the settlement plan, I had a job offer and lost it because of the travel ban and the visa could not be processed.
I have another personal police case where I already paid an amount of 18,000 and the claim was 40,000 dirhams. Now that I did not continue paying, the plaintiff put the case again.
I have another offer letter now and I want to get a clearance certificate within 48 hrs, or else I might lose this job as well.
Kindly advise
Sep 7, 2022
330
I bought a new vehicle from the dealership with a hidden defect. What can I do? 0
I bought a new vehicle from the dealership [-----] and after 5 min of using the car, an alert popped up. Less than 24h later I informed the dealers of the issue.
After struggling with them about it, I finally brought the car to service at their company and they have confirmed the part needs to be fully changed.
I’m telling them I cannot accept a faulty car and demand either a refund or another vehicle. So far they’ve been less than cooperative.
Oct 5, 2022
253
How to know the judgment when the portal says "decided"? 0
Dear sir/madam,
There is a case against me in a commercial, full-jurisdiction court. Sorry if I'm getting this wrong. I have not participated in the case and on the advice of my UK lawyers, I have not been represented there in Dubai.
Upon checking the portal, it says a judgment was reached yesterday, but I can't see further details. So my questions are:
1) Do judgments happen behind closed doors or in front of the lawyers? (the plaintiffs have lawyers)
2) How long does it usually take for the verdict to be public and for me to see the outcome of the case?
The only thing it says online is the word "decided".
Oct 19, 2022
674
Getting deported from the UAE while the medical checkups are good. What to do? 0
Hi there,
I got deported from the UAE for failing medical but when I reached my country, I have done several medical checkups but everything is OK; HIV negative, no hepatitis B, etc.
I don't know if there was a mistake or a misfortune for me. I am wondering if they can allow me to come back to Dubai.
Sep 1, 2022
767
Is it mandatory to visit the CID in person to update my records? 0
Respected Advisors,
I have been involved in a few criminal cases since 2017, but all of them were cleared by this year. I have obtained release letters for all the cases from the public prosecution office through an online portal.
Recently, I also received my residence visa. After the visa process was completed, I applied for a PCC online. However, the request was rejected.
I contacted the 901 office, and they advised me to visit the CID. I arranged for a power of attorney to be granted along with all the necessary documents to update the system.
Twice I was told to come in person, but I am hesitant to do so because of my previous negative experience.
Could someone please advise me whether I must go in person or if the person holding the power of attorney can handle the process?
Thank you!
Nov 15, 2023
682
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