Questions & Answers
Questions & Answers
6 available 6 • View allBounced cheque consequences: criminal penalty and civil case
27
Q: Hi madam,
If a lot of cheques equal to AED 300,000 have been bounced and cases are filed and a travel ban imposed, what will be the punishments or consequences to be faced if caught?
I can't afford to pay back even 1,000 Dhs. Will I have to pay the full amount?
Please advise.
Thanks

Mar 12, 2017
39117
Bounced cheque case: jail term, travel ban, court fees, etc.
66
Q: PLEASE REPLY AS EARLY AS POSSIBLE
UAE
CHEQUE BOUNCE CASE (PERSONAL CHEQUE) IF AN INDIVIDUAL FILE A POLICE CASE
1) What will be the minimum jail terms for Cheque bounce case? During jail terms whether he will be on travel ban? During jail term whether he can come out of jail by giving somebody's passport as security? After completing the jail term whether he will be still on travel ban as he has not paid the money against the cheque? If he did not pay the money during police case, how can I get back the money?
2) When he is on jail terms during police case, whether we can proceed with the civil case for cheque bounce?
3) For proceeding civil case whether we have to deposit any amount to court?
Your valuable advice will be highly appreciable.
Thanks

Apr 15, 2017
73705
What to do if the drawer of a bounced cheque left the UAE?
7
Q: I have a bounced cheque issued by a person who has already left the country and closed his local bank account.
I filed a criminal case with the police some time ago, but there is no result till now.
Can I do something else to get the money?

Feb 21, 2016
12772
Responsibility of partners for bounced cheques signed by the company manager
17
Q: Do the local sponsors have financial responsibility for bounced cheques from the company that they are sponsored?
If I got cheques but they were bounced and the person who signed the cheques (managing director) left the country. Company is in labor zone, retail, 2 operating shops.

Jul 26, 2017
15751
Liability for bounced cheques in case of joint signatory authority
4
Q: I was a partner in a company with joint signing authority for the bank account. I sold my share and the memorandum of association changed. However, due to some reasons or busy schedule, I could not change my signing authority from the bank.
My partner issued me a letter that for all released cheques, he will be responsible. Now, in the current situation, some cheques are bounced and police called me.
Please advise, what should I do? Will this letter and change in memorandum protect me?
My partner is still accepting his liabilities for all bounced cheques but he has no money to settle, and I am stuck. Kindly advise.

Dec 18, 2017
1737
Partners liability for bounced cheques issued by the director
0
Q: I am a 49% shareholder in a 10-year-old LLC Company. We have a separate Managing Director that has no shareholding in the company.
I was out of the country for an extended period of 5+ months and recently returned to the UAE. 2 weeks after my return, I discovered that salaries had not been paid to staff for the month of July.
I queried the Managing Director who was away on annual leave at the time. He told me the company was expecting money in.
I then checked with the accountant who told me the company financials were in a dire situation and updated me on receivables and payables. The Managing Director then proceeded to serve 4 weeks notice to resign.
After this, I discovered that several company cheques that he had written to suppliers had bounced and were in fact PDC's, some of which had been issued several months ago.
My questions are:
1. What recourse do we have against the MD for these liabilities?
2. What would be our best course of action to minimize shareholder liability?

Aug 21, 2018
2021
Legal blog
4 available 4 • View allBounced 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
222082
UAE Travel Ban: What You Need to Know 164
The UAE travel ban may be imposed on a person on various grounds, for instance, as the result of criminal offences, unpaid loans, breach of immigration laws or family matters. Implications of such a ban can be financially severe and daunting for the affected person. This article aims to give readers a clear understanding of what is the UAE travel ban, what are the grounds and procedures for its imposition and removal, how to check if the person is banned from travelling and other related topics.
May 6, 2024
136108
What is a Travel Ban & How Does it Work in the UAE? 13
An interview-format article covering the topic of the travel ban and reasons leading to it in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 9, 2020
6597
What to Consider when you are Planning to Leave the UAE 1
An interview-format article covering the topic of things to consider when leaving the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 22, 2021
1272
Laws & Regulations
5 available 5 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47919
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
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.
Feb 24, 1992
75332
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148422
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
3535
Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law 0
The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).
Sep 20, 2021
480

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14 14 answers •
View allHow the change of company name affects its contracts? 0
If a company changes its name under the same license, does it need to amend all the contracts entered?
Aug 22, 2017
4847
Setting up E-commerce business in Dubai 0
Hello,
We are starting a new E-commerce business based in Dubai and would like to know some of the legal requirements to set an e-commerce business. We'll be selling physical products, imported from China and targeting the UAE as our customer base.
So please if you could help us in informing what legal procedures like licensing etc should be done.
Thanks.
Sep 5, 2017
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Photography copyrights 0
Dear Sir,
I am a professional photographer.
I want to get my photographs protected worldwide. How is it possible? And what all documents are needed?
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Aug 21, 2017
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Non-compete clauses in the employment contract 0
Dear Sir,
I'm Satheesh from Abu Dhabi. For the past 3 years, I was working for a free zone company in Dubai. Our company have clients from both Dubai and Abu Dhabi and doing medical billing services for hospitals and medical centres.
I was working with one of the company's clients which is a government hospital in Abu Dhabi (please note - govt is removing our company by Sept.).
My concern is that the hospital is interested to recruit me as their employee. But I already signed a limited contract with my company which has "Non-competition non-solicitation agreement".
My contract states that I cannot join their clients or competitors for 24 months after my visa expiry or end of service. If I violate this law they will take legal actions and they can ask for compensation (Law no. 8 of 1980 for UAE and Law no. 5 of 1985 for Dubai).
My visa is expiring by Aug 25th, so I'd like to join there.
Can I join this Abu Dhabi government hospital or not? If I join, is there any legal issue I have to face from my company?
Jul 30, 2017
10646
Responsibility of partners for bounced cheques signed by the company manager 0
Do the local sponsors have financial responsibility for bounced cheques from the company that they are sponsored?
If I got cheques but they were bounced and the person who signed the cheques (managing director) left the country. Company is in labor zone, retail, 2 operating shops.
Jul 26, 2017
15751

Other answers by
35 35 answers •
View allRecovering the unpaid price of items delivered over a year ago 0
Dear Sirs,
I have a Reseller Contract which was signed between us and another party for the sale of 10000 units of Terminal Stations.
The final supply was to be done to the India Telecom over a 5-year period at 2,200 units per year, based on a purchase contract signed between us and another company.
Based on this agreement, we placed an order for 2200 units at a value of AED12,273,400 (Twelve million two hundred seventy-three thousand four hundred).
Based on the purchase order, the other party made a payment of 15% as a deposit and we finalized and handed over, but they didn’t pay since one year.
Kindly let us know if you can guide us how we can recover our funds legally.
Looking forward to hearing from you at your earliest.
Apr 29, 2018
358
Obtaining refund from the developer for project delay 0
I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address.
The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016.
I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood.
There is still no construction as per the DLD report for project number 1514. I am considering to get a refund.
The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover.
I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00
What are the possibilities to get a refund from the developer? How much would it cost?
Apr 19, 2018
5730
Consequences of filing a criminal case against a debtor by the bank 0
Hi,
I have just found out I have a police case filed by my bank on a credit card payment. I have a credit card with 25k limit and could not do minimum payments for 1 year (due to job loss), nevertheless, the bank filed a case against me for 190k.
I do not understand on what ground and would like to know what to do. As well, how can I find out if I have a travel ban as I would rather try and solve the situation remotely from home than be concerned that I will be jailed here?
Your advice is appreciated.
Jul 20, 2017
3766
Transfer of labour complaint from free zone to labour court 0
I was working in Free Zone company here in Sharjah. Our total delayed salary is 6 months. Some of my co-workers already complained in Free Zone immigration but no avail.
What is the best we can do where we will complain?
Waiting for your reply.
Jul 20, 2017
2665
What to do if you have credit card debts 0
Hi,
I am staying in Abu Dhabi with my husband & 7 years old daughter. My husband was working in a big construction company from the year 1996. In October 2015, he got terminated due to which he went in depression.
He got another job but due to depression, he was not going to work regularly. The company terminated him. He doesn't have a job for 2 months & he is not in the position to look for the job as he has depression again.
He was having 3 credit cards. During his first job, he paid regularly without any delays. But after this new job, he didn't pay on time & even for 2 cards we were unable to pay for around 1 year. For the third card after checking with the bank, we had made installments but now for past 3 months, we didn't pay for it.
I really don't know what to do. I am also working but my salary is good enough for the rent only. Nowadays, our friends are helping us for the daily needs even.
Kindly let me know what could be the possible solution for this & can I send my daughter to the home country?
Jul 24, 2017
2792
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