Questions & Answers
Questions & Answers
4 available 4 • View allDividing company loan between partners

1
Q: My civil company has 2 partners. Both are 50% of the shares.
Our company lost a court case and has to pay AED 200,000 to the creditor.
The creditor started an execution case.
Questions:
A) Can I pay my 50% share (AED 100.000) and ask for my name to be cleared from the case (then the execution case will only be between the creditor and the other partner, for the remainder of AED 100.000)?
Or that is not allowed while the civil company is still in existence?
B) Is it possible to liquidate the company and then the execution lawsuit will be broken into two parts (Part 1: Creditor and partner 1 for AED 100,000, Part 2: Creditor and partner 2 for AED 100,000).
If yes to the above questions, please be kind to inform the process.
Thank you!


Dec 15, 2020
378
How to claim a debt from a civil company after filing the execution?

1
Q: I won a civil court case against a civil company with a professional license (Not an LLC company). I started an execution case for AED 262,800.
One of the partners of the civil company informed me that his company will file for bankruptcy and I will not get any money at all.
He said that all the company debts will be wiped away and he will not get a jail term and he will not have to pay anything.
Article (671) of Civil Transactions Law regarding civil companies states that partners have to pay the debts of the company.
(A) Which view is legally correct? Is it possible to demand money directly from the partners of a civil company after the company is declared bankrupt?
(B) How should I protect my rights if the debtor Civil company files for bankruptcy?
(Important Question C) Will the court automatically distribute the debt of the civil company to its partners upon declaration of bankruptcy? Or do I have to start a new court case against the partners after the civil company is declared bankrupt?


Nov 2, 2021
346
How to respond when company account funds are seized without notice?




1
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!





+1
Feb 12, 2024
170
The court has blocked my company trade license due to a cheque case of appeal. What do I have to do?




0
Q: I had a cheque case against my company. I got the first judgment to close the file, but the plaintiff filed an appeal.
The court has blocked my company, and I couldn't renew it. The company has 40 employees, and my visa is also on the company.
Now, because of the court case, I can't renew the employee's visa, my visa, or my trade license. What do I have to do?





+1
Mar 6, 2025
82
Laws & Regulations
4 available 4 • 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
29538
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. (42) of 2022 Promulgating the Civil Procedures Code 1
The provisions of this Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code, known as the "New Civil Procedures Code", governs civil procedures in the United Arab Emirates. The New Civil Procedures Code repeals the previous UAE Civil Procedures Code (Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code).
Jan 2, 2023
466
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
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.
Sep 7, 1993
33024

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