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The possibility to prove that a civil company is a commercial company

Dear sir/madam,

There is a civil company with a professional license that owes me 925,000 AED as per an existing execution lawsuit. The company has not paid me in the last 5 years despite one of the partners/managers being detained for one month.

I met the partner/manager of the company and he said he will start a lawsuit to declare that his civil company is a commercial LLC. Then he will only have to pay 50,000 AED (declared capital of his company as per his MOU of the civil company).

He showed me a precedent lawsuit wherein the cassation court stated that they are responsible to judge if a company is civil or commercial, irrespective of the license.

Question 1: Have many companies with civil licenses been deemed to be commercial companies recently? Is it easy to prove that a civil company is a commercial company?

Question 2: What type of evidence has the partner/manager to produce to prove that his company was a commercial company even though it has a 25-year-old civil license?

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Mohamed Bakheet Advocates & Legal Consultants
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25 Sep 2022, 09:20

Dear questioner,

Of course, it is very easy to prove that a civil company is, in fact, a commercial company.

25 Sep 2022, 09:24

Has that happened many times recently?

What evidence is needed to prove that the civil company is actually a civil company?

25 Sep 2022, 09:26

Bank transfers with invoices and financial records.

25 Sep 2022, 09:44

Please inform your phone number and address.

I will visit you.

Thank you!

25 Sep 2022, 09:51

Kindly contact us by phone.

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