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Questions & Answers
UAE
Requirements for starting a non-profit organization in the UAE
Q: Hi, I am looking for a lawyer to set a non-profit organization in the UAE. Thanks Questions & Answers
UAE
Mutual consent divorce for British ex-pats in Dubai while the wife changes her mind
Q: My wife & I agreed to a mutual consent divorce. We both are British ex-pats in Dubai. She’s now changed her mind & is attempting to blackmail me, citing she’s been stalking & screenshotting my female friend’s social media, taken evidence from my phone and my diary. She says that if I do not sign over everything I own, she will go to the police claiming adultery. Is it true that she has broken the privacy law here? We were separated for more than 12 months now. Is it illegal for me to begin dating again? Can she continue refusing divorce? I’ve offered her all she is due under UK law but she wants 100% of all assets. We have no kids, and we are both employed. We tried everything. This is almost 2 years now. Questions & Answers
UAE
Removing a partner from the trade license due to being unreachable
Q: Partner Missing: In our civil company, one of the legal partners, holding 25% share, is outside the country since May 2013 and is unreachable. The local partner has 25% share and I (an ex-pat) have 50% share. Is there any way through which we can remove him from the trade license? Questions & Answers
UAE
Filing a case for custody and expenses after divorce
Q: I am divorced as per UAE personal status law 28/2005. I have filed for custody and expenses for my 8-year-old kid. Kindly advise the procedures with the court and the documents required. Also, my husband is threatening to get the property which is under my name in India, can he file a case here in Dubai? Questions & Answers
UAE
What to do if the previous manager does not complete the handover?
Q: Hi, I just took over a company as a manager in the DED (Dubai Economic Department). It is an LLC company. however, the previous manager is not completing the handover to me. I have not been given any financial reports or any other related documents. so what should I do to cover myself? Questions & Answers
UAE
Leave salary calculation in case of changing salary
Q: Could you please advise the leave salary calculation for the below scenario: - Leave Due 02/04/2020 - Leave availing from 07/05/2021 - Salary till 31/12/2020: AED 4,500 - Increment Received from 01/01/2021 and new salary amount AED 5,800 Questions & Answers
UAE
Penalty paid by the employee for early termination of a limited labour contract
Q: Hi. My limited-term employment contract states as below. Please let me know, does this entitle my employer to deduct 6 months salary if I terminate the contract without serving a notice period. "Should either party desire to terminate the renewed contract, such party shall notify the other party of such desire within (3 Months) prior to the date of termination. Such period shall be similar for both parties. Both parties have agreed that the termination wage to be paid by the terminating party to the other party shall be equivalent to the value of the worker’s total wage in (3 months). Such wage shall be similar for both parties." Questions & Answers
UAE
Is it possible to leave the UAE if you have a loan and continue paying from outside?
Q: I have an outstanding loan in the UAE, and I got a job in Europe. How do I go about it? If I inform the bank, will they allow me to continue paying the loan from outside the UAE? Questions & Answers
UAE
How to guarantee your rights before investing in a company
Q: Dear Sirs, I`m looking to invest in a company by purchasing movable assets. I will not be a partner in this company, however, the company owner is offering to give a security cheque against a minimum amount to be invested in. My questions are: Is it feasible to get a security cheque against the amount invested? does it secure my invested money? What are other alternatives to guarantee my money invested? Is there any minimum amount where the debt amount is due, identified, unconditional and is not less than AED 10,000 and evidenced in writing? After then I can be able to file for a court case whenever this debtor breaches the given date? Your response is highly appreciated, Thank you in advance, RAFIC Questions & Answers
UAE
Application of the MOA terms in case of a partner's death
Q: Hi, There are 3 partners in an LLC company. One is local partner who holds 51 % of shares, the second partner holds 36 % of shares, and the third partner holds 13% of shares. According to the memorandum of association, it`s written that in case of second partner death, the 3rd partner will be the managing director of the company and have full rights to represent the company in all ministries, to sell, buy companies assets, to close, open bank accounts and to hire or fire staff, etc. Now, the second partner passed away. My question is: Will the company`s bank accounts be frozen or the second partner has full rights according to the MOA? Questions & Answers
UAE
Is it legal to take a security cheque from employees and withhold EOSB?
Q: Hi Sir/Madam, While I joined our company, they got a security cheque (Blank dated) from me. When the staff leave their job, the company gives less amount for settlement. If we ask for the correct settlement, they threaten us "if you ask more, will we deposit the cheque" like that. Suppose they deposit the cheque and bounced, what will happen? I have only a cheque copy. I don’t have any other proof. Can you tell me how we can be relieved from this issue and get the full settlement? Questions & Answers
UAE
Right of the employee to seek compensation when terminated after probation
Q: Hi, My employer asked me to sign a dismissal of service due to a lack of projects. I have been working there for more than 6 months and I was planning to go back to my home country after my notice period. Am I entitled to compensation due to dismissal of service by just working for more than 6 months? Questions & Answers
UAE
Resignation after taking ticket encashment or vacation salary
Q: Hi, Good Morning! I am working in a hotel. I have applied for vacation and ticket encashment. After taking ticket encashment or vacation salary, can I resign before going on vacation (home country)? I have 48 days of vacation and 80 percent of the ticket cost? Please advise me! Questions & Answers
UAE
How to locate the assets and bank accounts of a deceased
Q: Dear Rajasree, Hope you are doing well. My brother who was working in Dubai for the last 20+ years expired due to Covid in Dubai. He was unmarried and we are non-Muslims (Zoroastrians) residing in Pakistan. His body was also cremated in Dubai by the Government. The HR department of the company he was working for has forwarded us his death certificate and is helping us with his insurance and official bank account but we have reasons to believe that he was maintaining another personal bank account which we are unaware of. I shall be grateful if you can guide us through this process and how to locate his other accounts or any other investment he might have made in Dubai. Thank you! Questions & Answers
UAE
How to request a PCC from outside the UAE without Emirates ID
Q: Dear Ma`am, I was in Abu Dhabi from 2006 to 2008 and now I need a police clearance certificate. But I don`t have Emirates ID, that`s why I can`t apply online. Right now I am in Bahrain, please guide me on how I can apply for the PCC. Questions & Answers
UAE