Questions & Answers - Legal Advice Middle East

The rights of company shareholders based on their shares

Q: Hello Mrs Yamalova, I am looking to buy a company in Dubai. I would acquire 75% of the company. My questions are: What can the other owner with 25% do in the company? What is his share power, so to speak? Thank you for your help.

The right action towards noisy children in a neighboring flat

Q: What shall I do with noisy children in a neighboring flat in Sharjah? Aggressive behavior and verbal abuse from the parents when I stop children from making noise. They complained to Police and the Police warned me not to stop children from playing in front of my flat. I can`t explain the noise which is loud. All the other flats have children, so they are all supporters of the main problem group. This is one of the findings from the Police; no one is supporting me. The Police say that there is no rule here to stop noisy children. What shall I do?

Staying after visa cancellation to find another job

Q: Hi, Can I ask a question? If my employer cancels my visa and wants me to go back to my country but I don`t like to go because I want to find another job, what should I do?

Avoiding ban and legal consequences for resignation in a limited contract

Q: Good Morning, I want to resign from my current company, however, I`m under a limited contract. The reason that I wanted to resign is that I`m being harassed by the companies he owes money as he is not paying them. Moreover, the employer is not giving us health insurance. I don`t want to get a ban or pay any money to the employer in case of resignation. Kindly advise, what should I do? Thank you!

How to set up an online business directory platform

Q: I am looking forward to setting up an online business directory for businesses in a specific sector and charging these businesses an annual fee for there ads. For me to accept online payments from these businesses in Dubai, is it a legal requirement to have my business incorporated in Dubai/UAE or I can incorporate it offshore like in the BVI`s, Cyprus...etc. and legally operate here? The reason is that the business may not necessarily operate in the UAE alone but also in many other countries.

Extradition treaties between UAE and Bahrain regarding an outstanding loan

Q: Dear Ahmed, I left the UAE three months ago after losing my job with an outstanding loan and credit cards. Two of my bank guarantee cheques of AED 20.000, and AED 612,000 (real outstanding is AED 410K) have bounced in December and a police case is likely to be registered against me. But actually I’m planning to start a new job in Bahrain beginning of next month, then continue repaying from abroad. My residency visa in Bahrain has been issued yesterday without any problem. If a police case is registered against me in the UAE, will this stop me at the airport in Bahrain while trying to enter, or other GCC countries?. And am I under risk of being deported to the UAE legally? My loan outstanding is AED 410K. Total cards outstanding 100K. Thanks in advance

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Committing a legal act outside and prosecution in the UAE

Q: Can a person be prosecuted in the UAE for doing something which is legal in a country where he/she did it, but it is illegal in UAE?

Transferring shares to a partner while being outside the UAE

Q: I am a partner in an LLC company in the UAE. I am in India now and do not wish to continue association with the company there. I have told my partner to take over the company and remove my name from the license, but my partner is insisting that I visit the UAE to transfer the business to his name. Kindly advise!

Investigating a company for committing financial fraud

Q: Dear Sir/Madam, Is there a path to initiate some sort of investigation by relevant authorities on a company that may have committed fraud by falsifying positive P&l reports in order to obtain loans from a bank? Loans have been used to finance construction projects. The company has in fact been making losses for over six years & directors/owners have used operational cash to finance down payments & repayments, instead of using their own capital. In the process, they owe millions to suppliers and also 100s of thousands to staff/workers as they have been constantly delaying payment of salaries going back 3 years & not paid full salaries to everyone for 9 months. They have been showing/submitting financial reports showing losses as proof/reason for their inability to pay. Is there a way to combat this kind of deception/fraud?

Terminating an employee's contract and asking for medical and visa expenses

Q: I received a termination letter last week, 20th January. I was asked to visit the office. Now, my employer is asking me to pay him visa expenses and insurance expenses (total of 6500AED) since my Emirati ID was issued at the beginning of this month. I started working for the company restaurant (owned by Emirati) in October. When I visited the HR, she asked me how much I will be able to raise regarding the medical and visa expenses! My response was I can`t. I am not able to get the money since I don’t have any source of income. The HR told me that the owners need their money for the expenses and they will do anything to make sure that they make hard times for me if I don’t pay them, claiming that the owner knows people in the immigration and will report me absconding. So, because they are holding my passport, I am afraid to go to the police or the labor department because I am just an ex-pat and they are Emiratis and I can not afford to proceed with any legal action against them.

The available options to manage a loan from outside the UAE

Q: Dear sir, I have taken a loan from a bank, but I had to leave for my job. I am in the UK now. I asked the bank to reduce the monthly installment as I have a relatively lesser salary here and can pay a limited amount every month, but the bank collection department refused my request and threatened to file a police case if I will not pay. How can I manage it? I would be thankful for your response.

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Filing resignation letter and getting EoSB without being in the UAE

Q: Good evening, madam! I worked in Dubai for 12 years at a hotel. I left for a short vacation. My mother became very sick and there is no one here to take care of her. I decided not to come back to Dubai. I have sent my resignation letter to HR but they said that I need to send my passport. I can`t send my passport by courier or with friends; it`s illegal. How can I get my gratuity? How can I cancel my visa so, in the future, I can come and work again? Kindly let me know!

Getting separation instead of divorce to remain sponsored by the husband

Q: Hello! I have some questions about my divorce situation. I`m married to Egyptian, we made a marriage in Georgia, but I have Russian citizenship. As I know, we can`t be divorced here. Maybe there are some ways to do it, right? And if I got separation from my husband and still not get divorced (I would like to stay a bit on his visa), will he has any legal possibilities to return me back because we are still married on papers?

Employer's right to ask the employee for visa expenses after termination

Q: Good Day I received a termination last week. Now my employer is asking me to pay him visa expenses and insurance expenses since my Emirates ID came out after begging only this month. I started working for the company in October. Since they are the ones who terminated me due to performance, should I pay for the visa?

Procedures of insolvency as per the new Insolvency Law of Natural Persons

Q: The UAE cabinet approved a new law - The Insolvency Law of Natural Persons. Please advise how to file the insolvency case before the court and the documents required for filing the case.

Claiming back leave benefits of an employee given twice mistakenly

Q: Hi, I just want to ask a question regarding our situation. We mistakenly gave leave benefits to our previous employee twice. What happened is that previously, when she went on vacation last Nov. 2019, she was given her benefits and, this January, she resigned and we gave her benefits again. She still gets the money even though she knows that she received it before. We tried to contact her to give the money back, but she refused to bring back the money. What will be our remedy to collect the money back? Thanks!