Q: We (12 persons) have invested in a Japanese restaurant (AED 100,000), each with 3 years contract. After 2 years, the owner failed to pay the shop rent for the past 6 months and the landlord had closed the shop. The owner signed a waiver to the landlord that he no longer has a claim on that shop, meaning to say, he already hands over the full restaurant to the landlord. The landlord already sold the shop to another person. 3 of the investors already have bounced cheques while mine will expire in Oct 2018, and others as well. Question 1. What is the procedure for filing a case against the previous owner since he breached our contracts? Question 2. My cheque is still not due, can I file a case against him? Question 3, Do we need to get a lawyer with regards to our case? Best regards, Lea

Q: Hello! My name is Denis. Can you help with debt issue? There is a company in India. I have bonds $200K stake and $59K unpaid interest. In 2016 may, the company had defaulted on coupon payment. I was reaching the Trustee for this issue, and they told me that I need to have a minimum of 25% of this issue to make any legal action. So, they suggested me to join the group of bondholders, and now, I joined the group to negotiate the debt restructuring. The company hired an advisor. In February 2018, the company and group of bondholders signed RSA agreement and approved restructuring plan. But in April 2018, this RSA was terminated because the company fouled this agreement and did not transfer money (approx. $20 mill) to escrow account till 20 April. Today is total silence. In prospectus the company have a branch in the UAE, is it may be possible to somehow collect the debt? Thank you for your help.

Q: I have been given some investments in a few companies with a contract on a fixed agreed profit. Now, they default on the agreed profit and even delayed paying back of capital. What procedure do we have to follow to recover our investments?

Q: We invested in a clinic venture (LLC) as a 25% partner with an investment totalling approx. AED 600k. The starting date of the clinic was supposed to be 31 December 2018 as per the sale and purchase agreement. 9 months have passed, and even the basic inspection to activate the license has not been done. I want to file a case against the original investors whose scope of work includes the activation of the clinic license, as they are currently deceiving me and creating excuses not to start the clinic. They haven't shown till date a breakdown of expenses and where my investment has gone as the condition of the clinic has worsened. Additionally, they are now asking for more money or threatening to close down the clinic as they haven't paid the rent for 5 months and have informed me only this week. Kindly help me in this case. What can I do?

Q: We are 2 partners in a technical services LLC company, it's 6 months old. I paid some money to my partner to clear the instalment amount with setup consultancy which he didn't pay yet. Also, he's not investing his share further comparatively my investment is more for setup. He is still using the business license keeping me away (hiding), his phone is not reachable all the time, only contacting me on Whatsapp and telling lies. Due to his untrustworthy, I would like to claim my investment and damages from my partner and need to withdraw my partnership. Give me a solution.

Q: Hi I sold my shares in a restaurant business in Abu Dhabi for AED 600k, paid in post-dated cheques of AED 20k a month. The cheques are issued against the business itself, not the owner. The first AED100k were paid but starting Feb 2020, the owner stopped paying the cheques claiming the business was going bankrupt soon but the business is still operating and seems to have survived the COVID-19 situation. I need legal advice to get the owner to start paying the cheques. All the post-dated cheques are deposited in a bank but they are issued against another bank. The business is registered in Abu Dhabi.

Q: My partner had sent me a termination email without any discussion and agreed to pay me my invested amount. Later, he paid me 50% and said that the rest 50% will be paid after one year which is the expiry of the license. Please advise what I am supposed to do as I want my money back and he wants to run the company. Please advise what should I do?

Q: I have 3 hotel apartments with a Dubai developer which I have paid fully. They were supposed to deliver in December 2019, they guaranteed a 10% ROI amount [return on the investment] paid for the properties. May 2021 is fast approaching when I would be due for ROI payment from the developer, however, they are now asking for VAT payment with immense trickery calls... etc., and now stating they will not pay any benefits (ROI) unless the VAT payment is made. Note that they have not provided any current dated VAT invoices nor any VAT invoice at the point of sale and they have not completed or handed over the property. The SPA states that I shall pay VAT however puts no dates or periods at all specifying the date of VAT payment. If they do not provide me the appropriate VAT current dated invoices and because of that, I do not make the payment, do they have the right not to pay me my contracted ROI on the dates specified on the SPA (May 2021)? In case they do not pay, do I have the right to cancellation and compensation of SPA?

Q: Dear sir/madam, I need to hire an experienced lawyer (civil case, cheque bounce case). I have invested a total amount of 250,000 AED with a catering company and due to Corona, their business went down and they are not able to return my capital amount. I gave them more than 8 months but nothing. I have already registered the case online (dc.gov.ae) and the court already accepted and asked me to pay 2% which is around 5800 (including the travel ban). Now what I would like to know is what happens exactly after I make the payment? Will the court give 15 days notice period and I will get the execution order? What are the steps? How much would the legal office cost? (note: I have already registered a case as I said)

Q: What is the procedure to conduct the resignation of one partner in an LLC company in Dubai? Both partners are Indian. Kindly provide online and offline procedures, duration, and relevant documents along with legal fees as well as professional fees.

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.

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.

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.