Questions & Answers - Legal Advice Middle East

Securing an investment with a proper legal instrument

Q: Hi, I am about to invest with a shipping company in Dubai. I will be loaning them USD 300K, at 1.25% per month, payable monthly with the loan due back in six months (with the ability to extend to a year). I would like to securitize this with a promissory note / Post-dated cheque / Lawyer recommended legal instrument. I am a US citizen with no company or residency in Dubai.

Passing a resolution in an LLC company without informing a partner

Q: Dear Madam, What is the requirement to pass a special resolution in an L.L.C company? My friend is a 24% partner in an L.L.C company and the other two partners are a local sponsor (51%) and a third-person (25%) shareholder. Recently, they debited from my friend`s account a huge amount on account of 50% rent for the last 13 years. To make this transaction, the local partner and the other 25% partner, who is the owner of the property, jointly passed a resolution for charging rent for the last 13 years without informing him in advance. I would like to know: is this valid? What are the requirements to pass a resolution in this type? No one informed my friend in advance about this resolution. Is this resolution valid? My friend is the affected party. What is the local company law saying? Kindly reply!

Travel ban on daughter upon divorce to keep her in the UAE

Q: My wife and I are in the process of going into a divorce. After receiving a hate email from her family, I decided to protect our daughter`s rights and file for the divorce in my home country (in Europe). My wife (Indian national) and daughter (European national, 2.5 years old) are both living in Dubai. Over the past 48 hours, she is acting very strangely in our communication, and with some borders reopening, I would like to know if I can protect my daughter from leaving the U.A.E. without my permission. My wife is not responding to any of my messages, nor is she cooperating with the divorce procedure itself. She does not want to disclose with me where she is and who is taking care of our daughter right now. Is it possible to ask for a travel ban for (at least) my daughter?

How to withdraw a partnership of a signatory person from a company?

Q: How to withdraw a partnership of a signatory person from a company? What are the steps taken to remove legally?

How to apply for a residence permit in the UAE?

Q: Hi, I would like to ask how can I apply for a residence permit in the UAE? I want to start a business setup in Dubai or Sharjah.

Seeking compensation from a firm due to breaching the contract

Q: I have a contract with an interior design firm. They estimated the decor work and furniture delivery will take 3-4 months in the contract. The furniture arrived in 6 months; some parts are damaged/not like the original agreed on designs and the decor work is yet to be finished which is a full year and a half after the contract was signed. Since it was not done on time, I had to book other venues to hold some private ceremonies which I would have done in my home and they were told about that from the beginning when the deadline was established. What are my legal options?

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Writing a will in the UAE by married Muslim expats

Q: Hi, We are Jordanian married couple living in Dubai, and we have 2 queries: 1. As we don`t have kids, we would like to write a will. How can we do that and what are the procedures? (P.S: We are Muslims) 2. My husband bought a property in Jordan and he would like to put it under my name, as it is challenging to travel to Jordan considering the situation, can we do the procedure here in Dubai? Thanks!

نصيب الزوج الوافد من تركة زوجته وتسجيل البيت باسمه

س: هل يرث زوج الأم بيتها بعد وفاتها؟ وهل يجوز تسجيل البيت باسمه علمًا بأنه وافد؟

المطالبة بمستحقات موظف مستقل بدون عقد كتابي بعد مرور أشهر

س: كيف يمكن أن أطالب بمستحقاتي المالية قانونيًا من نادي رياضي قمت بإعطاء حصص رياضية فيه بصفة موظفة مستقلة بدون أي عقد كتابي، علمًا بأن النادي لم ينكر وجود مستحقات لي لكنهم لم يدفعوا أي جزء من المبلغ. هذه المستحقات تشمل بعض الأشهر من أعوام 2018 و2019 وبداية 2020. قمت بمراجعتهم أكثر من مرة، وفي كل مرة يعدوني أن أستلم في الشهر المقبل. مضى على هذا الكلام ما يقارب 6 أشهر علمًا بأنني لست المدربة المستقلة الوحيدة في النادي التي لم تستلم مستحقاتها، والمقلق الآن أن النادي بدأ يتعلل بمروره بضائقة مالية بسبب أزمة فيروس كورونا. يرجى الإفادة وشكرًا!

The penalty applied when resigning before the expiry date of a limited contract

Q: Dear Sir, I am working with Jafza company as a product development manager under a limited contract. Today, I am giving my 30 day-notice period against my contract. My contract will end by July 2021. I heard that I need to pay 45 days` salary to the company because of contract breaching. I would like to know: 1) If I am giving an advance 30-day notice period, then why should I pay 45 days` salary to the company? 2) Currently, am I not doing my job as per Jafza attested contract? 3) After a year, the company changed my job profile without any amendment in Jafza attested contract? I look forward to your valuable feedback. Best Regards, S.D

Filing a divorce case in Dubai and having daughter stay under father's visa

Q: Good morning Mr. Ghosh, I am 52 years old. I am working in Dubai and am a sponsor for my wife (49 years old) who stays with me as a housewife. I have a daughter as well (19 years old) staying with us. Can I file a divorce case here in Dubai due to marital disharmony and mistrust? What is the procedure? After the divorce, can my daughter stay here under my visa?

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Stopping former colleague's harassment

Q: Hi, I have an ongoing harassment issue with a former colleague. She created fake Facebook accounts and sent messages to my family and friends accusing me of adultery and threatening. At that time, I did not know who she was as all the accounts were fake, however, yesterday she sent a package to my family with a document of my photos, WhatsApp messages, and allegations against me. She also sent me abusive emails for months which included threats of defamation and threats against my family, but I did not reply. She bombarded my employer pretending to be my wife, requesting my HR records. I had to leave my jobs because of embarrassment. I decided to report her to the police, however, because of work commitments, I am in the UK and will only return in January. The police have advised me to return and file a case. I would like two services: 1. Send a cease and desist letter to the person harassing me to stop. 2. Represent me whilst I am abroad to pursue this case.

Cancellation of an off-plan property and seeking refund

Q: Hello I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019. But they postponed it till March 2020, and now the project is way behind and no improvement at all as I`m in phase 2 and they are still building phase one. What can I do to get my money back?

Reporting husband to the police for cybercrime because of using iCloud password

Q: My soon-to-be-ex-wife threatened to report me to the police for cybercrime. It`s because I know her iCloud password and used it to add her to our Family Sharing and Find My iPhone app. She is very bad at remembering passwords (also often misplaced her iPhone that requires me to make it sound using Find My iPhone app) so for years, I had to be the caretaker of her accounts. Should I be worried? Does she have legal grounds to report me?

The possibility to check the past and present legal cases against a developer

Q: Is it possible to check the past and present legal cases initiated by real estate buyers against a developer in Dubai and if the developer executed the court judgments against it? Can you assist to obtain this information?

Terminating parents' property contract with a developer after their death

Q: My parents recently passed away and had invested in a property with a developer based in Dubai. The property is nearly complete and my parents had paid over 50%. However, I do not wish to keep the property and want to liquidate their stakes instead. I do not have the funds to pay for the remaining balance which is due imminently. I had requested a refund but the developer stated that it`s not possible as the development is over 80% completed, apparently its `in the law`. The development is yet to be completed. The developer has said that the only way I can liquidate is by changing the ownership of the property to myself, pay the remaining balance, and then try and sell the property. Is this true? Is there any way I can obtain a refund for my parents` investment? Greatly appreciate any advice!