Q: Hi, I have filed a case against my client for the returned cheque of 45k. He got released after paying a fine. How can I file a civil case and which department should I approach?

Q: I have a professional company with a civil license. It is formulated as per the UAE civil transactions law and special artisan act of Dubai. I have a court case in Dubai courts and it was registered as a commercial case. There are some differences between the commercial company law and civil transactions law. For example, a partner of a commercial company cannot make agreements and contracts with any family relative without the approval of all partners, but the civil transactions law does not mention any such restriction and only states that a partner can give work to anybody. Which law is applicable to a civil company in a commercial case? Is there any advantage or difference in requesting the court to re-file this case as a civil case since the company has been formulated under civil transactions law?

Q: Hi, I am a 50% partner in a company and now I am going to leave it. I removed my name from the license and the memorandum of agreement. The company has a previous loan from the bank. After leaving the company, am I still liable for the bank loans? Or shall I obtain an undertaking letter from my partner and our local sponsor?

Q: Good afternoon, Respected Lawyers! I live in Ajman. I am facing a situation where I suddenly received a message in my LLC company account SMS stating that a certain amount has been debited and seized by court. The debited amount is too high and the company account had very little cash so it's showing in minus. Without any calls from the court for a case hearing or judgment, I found this execution message straight away in my bank account SMS. Today, I found the very same message & same amount debited from my personal account too. How is it that the same amount will be taken twice, I have an LLC company and I even own property that is under mortgage. Still trying to get all the details from the court regarding the case that led to this execution. Can this be appealed and come to a better conclusion? Can they seize my personal property, since they have taken over my personal bank account? Kindly guide me in this matter!

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.

This article is related to the Civil procedure in the UAE. The procedure includes both payment orders on the basis of cheques and original documents as well as the normal civil procedure where the plaintiff has Invoices, agreement, and documents to prove the claim in the civil court.

Sometimes this seems very simple to incorporate a company in the UAE, however, investors must seek professional advice before taking this important business decision to avoid any future legal implications.

Over the years the UAE has become a centre of trade and commerce for the Middle East, thanks to its strategic location, excellent connectivity and extensive services to assist with all aspects of business. According to the World Bank's 2016 report, the UAE has ranked 31st in the global index of ease of doing business. This encourages more entrepreneurs to set up different kinds of business entities in the country.

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.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.

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.

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.