Questions & Answers
Questions & Answers
9 available 9 • View allWhat takes priority: contractual agreement or law?

1
Q: I purchased a commercial shop and seller left Dubai immediately after that.
There's loan with the bank in name of shop.
1. Fed Law No.18 of 1993 CL 47(1) says that the person upon whom the title to the business premises has devolved shall remain liable for the debts, if the creditors of such debts submit a statement thereof within the said prescribed period and........
2. Clause 47 (3) says: Furthermore, the disposing party shall remain liable for the debts related to the business premises and which have arisen prior to the notification of the disposal unless he is discharged therefrom by the creditors. What is the difference between the two?
Our sale agreement CL 8 says First Party (seller) bears all obligation owed by the Sold shop in favour of others including rents, wages, salaries, fees, taxes, fines .... and all other expenses related to the Shop until the date of registration of sale with the competent authority.
What takes priority, sale agreement or Fed Law and who has liability for the loan?


Mar 3, 2017
650
What measures need to be taken before buying an existing active company?
3
Q: Hi,
I am planning to buy an existing active company, 13 yrs old, but I foresee legal issues/hidden liabilities later.
How can I best safeguard myself?
What measures need to be taken before the transfer?
Please advice!

Dec 14, 2020
962
Liability of partner in a limited liability company
1
Q: I'm buying a partner visa, which means I don't have anything to do with their company.
In the future, would I be held liable for whatever liabilities made by them or by the company?

Aug 2, 2020
299
How to check whether an existing company has any business loans?

1
Q: Hello,
I am planning to buy an existing sole establishment in Dubai. I want to know how can I inquire if the existing company has any business loans?
Also once I buy the company, will I be liable for payments to the existing business loans taken by the old owner?


Apr 28, 2021
745
How to get a background verification of a business registered in Dubai, UAE?
1
Q: There are few things I want to find out:
1. How to get background verification, legal check of any open/ongoing cases and financial liability check on a person and a business registered in Dubai, UAE?
2. If I have to enter into a new partnership on an existing trade license, do I become liable for any old existing liability/case on the older trade license?
3. Where can I find all the rules that I have to follow as a business owner and employer towards staff like mechanics, etc.?

May 13, 2021
507
The due diligence before buying an existing mainland company

1
Q: Hi,
I am looking to buy a 15% stake in an existing active company (mainland). What is the due diligence which I must do to ensure I am not scammed?
What are the legal and economic aspects I should be aware of?
Kindly assist me.
Thanks in advance!


May 17, 2021
332
How can a partner completely own an LLC company?
1
Q: Dear sir/madam,
We are a commercial broker L.L.C. Company, consisting of 2 partners; local with 51% shares & foreign with 49%.
We have decided to own this company 100%.
Kindly let us know how will it be possible and what documents are required to get started? And what would the cost be?

Jun 18, 2022
141
Precautions to be taken upon acquiring a factory

1
Q: Dear sir/madam,
I plan to take over the entire stuff of the factory, premises, and customer transmission but not the trade license. I shall be taking my own new trade license and using existing premises, equipment and workers too (by changing the visas).
It is more or less like taking over all the CAPEX and headcount. The trade license has not been taken over and the factory name shall be changed.
In this scenario, what type of precaution need to be taken? And what kind of purchase agreement is to be made?


Aug 8, 2022
228
Upon purchasing a Dutch company, a legal opinion is requested. Who can help?



1
Q: Hi,
My UAE entity is purchasing a company in the Netherlands. The Notary has requested the following:
Legal opinion (issued by a local lawyer and duly legalized/apostilled) regarding the purchaser and confirming at least:
(i) The statutory name, registered address, and registration details/number of the purchaser,
(ii) That the purchaser is in good standing,
(iii) That the purchase of the shares of SAS84 B.V. falls within the corporate scope and objects of the purchaser,
(iv) That I am authorized to solely represent the purchaser for all purposes.
Can a lawyer please help?




Nov 21, 2023
88
Legal blog
2 available 2 • View allBreach of Trust and Debts as the Base of Corporate Crime 1
This article intends to give a brief idea of corporate crime, how it happens in the corporate world, the relevance of choosing the right legal action and mechanism.
Mar 26, 2017
1290
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
3097
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
29524

Other answers by
110 110 answers •
View allHow to act against a civil case for a bank loan 0
Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4174
Liability of daughter against the debts of her father 0
To whom this may concern,
I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month.
I would like to travel with them around the country freely without any prosecution from local officials.
My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically.
I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents' debts/problems as I have no legal responsibilities for their actions.
Kind regards.
Jan 31, 2019
1393
Bounced cheque case for a loan after paying the fine 0
Hi
I have got a call from Dubai Police last week regarding my cheque bounce which I issued to the bank due to default on loan payment on time.
I paid a visit & they referred me to the prosecution & I got fine which I already paid and got clearance.
I want to know if the bank can still file a case against me & I still need to contact the bank for settlement or case clearance.
I am getting too many calls even after that, and the debt collector is actually harassing with the worst behaviour & back to back calls which actually ruined my personal life and put me in depression with high bp.
Thank you
Dec 31, 2018
2469
Repercussions of defaulting on a bank loan and credit card 0
Dear Sir,
I am an Indian national, and I defaulted on a personal loan & credit card payments. I lost my Job and I didn't pay my EMI and credit card payments.
I am seeking help from you, could you help me with this? I am not a willful defaulter. Now, I am In my home country.
Dec 8, 2018
1263
The right action for delaying the delivery of a purchased property 0
I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?
Nov 26, 2018
573

Premium
Other answers by
240 240 answers •
View allHow to change the lease contract for an entity that changed from sole establishment to LLC? 0
Good morning.
Kindly help me out with the below query:
If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
115
Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
521
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
529
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
115
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
171

Other answers by
28 28 answers •
View allLegal requirements for starting business by a minor in the UAE 0
I am planning to start my business in retail. I am a 16-year-old Emirati national and I have full approval from my parents.
What legal requirements must I obtain and what laws should I follow?
May 3, 2020
3412
Using the trade license of an existing company to start business 0
If I am looking to use the general trading license of an existing individual to start my business and creating my company under his license, then what are the things I should watch out for to protect myself?
Oct 3, 2018
1586
Seeking legal assistance for drafting a Merchant Agreement 0
I am seeking a law firm/agency in Dubai that can provide the services to draft a Merchant Agreement template contractually, according to our company business model.
Oct 3, 2018
721
Documents required for the registration of a sole trader 0
How to register a sole trader? What documents are needed?
Oct 3, 2018
494
Non-payment of share value and claiming the shares back 0
My company is located in Dubai as an LLC. We have two shareholders,
1. UAE national shareholder with 95%
2. A foreign shareholder with 5%
The UAE national shareholder transferred this 5% shares to the foreign shareholder through a share sales agreement, which was notarized at the notary public in Dubai and submitted it to the DED to amend the trade license etc. This happened in 2014.
But till this date, the foreign shareholder did not pay the value of 5% shares to the UAE national shareholder or to the company.
Also, the foreign shareholder was not actively involved with the company's operation and as per Article 17 of the Commercial Companies Law:
"2. The partner may not contribute in work rendered unless he is a joint partner. The contribution of the partner may not consist of his having reputation or influence."
Under these circumstances, is it possible for the UAE national shareholder to request from the court to cancel the 5% shares of the foreign shareholder and transfer back to him?
Oct 4, 2018
1219
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