Questions & Answers - Legal Advice Middle East

Can I get police clearance certificate after getting judgment of innocence?

Q: I had a criminal case and after the appeal, I was pronounced innocent. Is it true that I can’t obtain a police clearance certificate for two years after the case? I need it to start a new job in Dubai.

What happens to the sale of property if the transaction couldn't happen due to formalities?

Q: Dear, I signed a FORM F with an Addendum expiring on 5 September. At first me not knowing the process, I did not know that I needed to clear pending charges to sell my property. I thought I will come to an arrangement with the buyer, and he agreed to that with compensation that we manage between me and the agency. Then I went to the UAE for 3 weeks but nothing happened when I came back to France. They requested me to come back to sign the original contract because the bank could not accept the signed copy. My question is, since the original contract is rejected and we have no original but pdf signed copy, is it a valid contract? Or it`s not official unless signed on the paper original? Can I remove myself from the sale? Also, if the contract is valid then and the expiry date reaches, what is happening? Can I remove myself from the sale knowing for a fact that the NOC is pending and the contract could not be registered in the land department? Thank you

What are the possibilities to defend a drug case for personal use?

Q: Hi What are the possibilities to defend a drug case for personal use and urine test is positive? Is there any way to defend the charges?

هل يحصل المدين على حكم براءة بشأن إيصال أمانة إذا لم تذكر القيمة؟

س: لو إيصال أمانة على بياض وعليه بصمة واسم الدائن دون كتابة القيمة، هل يأخذ براءة؟

Is it possible to return back to the UAE due to the non-renewal of Emirates ID?

Q: Hello! I got a labor ban due to stay in the UAE without the renewal of my Emirates ID and our company CR. I would like to travel back to the UAE for a job search on a tourist visa. Can I get a tourist visa also work visa after accepting a job offer? Please clarify.

Consequences of resigning from a limited contract to take another offer

Q: Greetings Madam, I am working as a security guard in Abu Dhabi and I got a new offer letter from another company as a client recommend me. I am working with my company for 3 years on a limited period contract, and I renewed my visa last December 2020. Now I want to resign from my current employer. Can I do it? What can be the issue if I want to leave?

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Legal assistance in preparing T&Cs and privacy policy for startups

Q: Hi, I am starting a website that connects freelancers to media professionals and individuals. It will be a marketplace sort of platform. Where can I find a legal advisor to help with the terms and conditions and privacy policy for startups? Thank you for your reply in advance. N.

How to claim money from a UAE company against provided services

Q: We as an Indian company provided software services to one of our clients in the UAE (a private company) in 2017. Since then, the customer is delaying the payment, and now we have offered him a 50% net discount on their payable as requested by them. Even with this, they are not paying. What legal action can be taken against them?

Can you resign without a notice period for the non-payment of salary?

Q: Dear Sir, I am working as a pharmacist in a single pharmacy in Ajman since July 2015. I am the only employee in this pharmacy. My contract is unlimited and my salary is 5500 (basic 2000). My 18 months` salary is pending since 2019. I filed a labor complaint in November 2020 and my employer promised me to pay an additional salary from January 2021, so I withdrew my complaint. After the labor complaint, my salary was a bit regular but there were some months when the salary was pending. I had the trust that he will clear my pending salary. My visa is till May 2022. I request you to guide me in this situation since I do not want to continue the job. Also, can I resign without notice period? Regards

What can be done in a case of assault and rejection of bail?

Q: My husband is being held in custody on charges of indecent assault. The case has been under investigation for over 10 days now, the prosecutor has spoken to him once. They have rejected bail applications as well. How long can he continue? If the complainant clears the case (gives tanazul), can the prosecutor still punish him? (through penalty or anything else). Also, I am not able to know the reason for the bail rejection. Are they obliged to give a reason?

is it safe to travel to the GCC when you have cheque bounce cases in the UAE?

Q: Hi, I have two cheque cases in the UAE worth around 100K and one commercial civil case worth 55K and I left the UAE without an exit stamp on my passport. Can I travel anywhere in GCC?

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Liability of the real estate agent for failing to send a legal notice on behalf of the landlord

Q: I signed a contract with a Real Estate Agent to manage my rental property for a year. I reminded the agent 90 days prior to contract expiry to inform the tenant of the rental increase in writing. The agent failed to do this in time. Now the tenant is claiming they do not have to pay any increase as they were not informed before the 90 days. Can I claim compensation from the agent? I checked the RERA rental calculator and I have the right to increase by 20%.

The possibility to remove a shareholder by an ultimate beneficial owner (UBO)

Q: Hi, I have a 6-month-old RAK FZ-LLC company with 2 shareholders. I hold 60% and also I am the UBO (ultimate beneficial owner) of the company with all rights to remove shareholders. I would like to know if I can remove the shareholder holding 40% shares. Please advise. Thanks!

طريقة تقديم طلب إعفاء من رسوم خبير في دعوى تجارية

س: السلام عليكم، لدي دعوى تجاري جزئي وأنا المدعي، وقد أصدرت المحكمة حكم تمهيدي بندب خبير وتكليفي بمبلغ 7000 درهم أمانة خبرة، ومبلغ المطالبة 40000 درهم. فالمبلغ كبير والدعوى ثابتة بشيكات قد سددتها للمدعى عليها وقدمتها للمحكمة. قدمت طلب للمحكمة بالاعتراض على ندب خبير وقد ورد قرار القاضي بفرصة أخيرة لسداد أمانة الخبرة وقدمت طلب بعزل الخبير. ورد الرد "يتم القرار على الطلب في الجلسة القادمة"، هل ما أقوم به الصحيح وماذا يمكن أن يحدث؟ هل من الممكن أن يتم رفض الدعوى أم سوف يتم الحكم وفقاً للمستندات والشيكات المقدمة أمام المحكمة؟

Liability for pet illness after leaving it in a pet care shop

Q: My business has been issued with a legal notice from a client, accusing us of professional negligence and asking to settle a monetary amount within 10 days or they will initiate legal action. We are a pet business and the client left her dog with us for 4 hours. After she collected him, the dog fell ill and had to go to a vet. Both the client and the vet have not been able to tell us what caused the sickness, and we have this in writing from both. We have said we are not liable as we do not know the cause. Do they have any legal basis to file a case? They have quoted Civil Transaction Law

Procedure to claim maintenance for husband who abandoned family in the UAE

Q: I have been abandoned in the UAE with my three children as my husband intends to divorce me from my home country. He hasn`t paid any allowance for the last 10 months now, and also tarnished my image within my family with false accusations and also misled the judiciary in my home country. Can a legal professional help me as to how I can seek justice in the UAE?