Questions & Answers - Legal Advice Middle East

What you need to understand about civil company

Q: Dear Khubaib, Ramadan Kareem. Hope all is well. We are registered as a mainland civil company in Dubai. The legal type of civil company comes with unlimited liability and that is stated clearly in the MOA. However, we are marketing research and consulting firm and we can take huge risks especially when we apply for large government tenders. - How can we mitigate this risk? - Is it possible to amend the clause in the MOA? - Can we take any measures to mitigate the risk such as an insurance policy? - What kind of insurance do you recommend? Thanks, A.

Filing cases on a customer for defaulting on payments

Q: I am into diesel trading business. One of my customers owes me AED 144,500. He issued me two cheques of 100,000 of each. He told us he had 10 heavy vehicles. We supplied diesel to him for two months. He defaulted on payments and stopped answering calls. After this default, I inquired with one of his drivers and he told me none of the 10 vehicles is owned by him. He along with his colleagues, present themselves as a transport company and defraud the diesel supplier by issuing post-dated cheques to them and selling the diesel purchased in the open market at half the price. I have already filed a cheque bounce case against him. Apart from the cheque case, can I file a cheating case against him? If possible, what are the documents required to file such a cheating case?

Claiming passport in a criminal case for injury at site

Q: I am a safety officer. An incident happened at my site; one person got an injury and now he already went to India, but my passport is with the police. 4 months already finished, so I need your help. I am also ready to resign from this company and I was not present in the time of the incident.

Possibility of filing for divorce if the wife is outside the country

Q: My husband and I are married for 11 years. We lived our life in Dubai till January 2019. I moved back to Germany with our 3 kids. My husband wanted to follow us at the end of 2019. Now, he wants a divorce out of a sudden. Can he proceed with the divorce in the UAE without me being present? What are my rights and what can I expect in terms of child support and custody? He had been married under the sharia law back in 2008.

Preventing a cheque issued as a guarantee from bouncing

Q: I was looking for a property online and submitted my number. A broker contacted me saying it`s the last day of the offer and we agreed to visit the site. I was shown a mock-up flat and although I requested one to think and finalize, they requested a PDC as a token to hold the offer until I decide. The next day after checking the reputation of the developer and the project status, I decided not to proceed with the deal. Now the broker is not returning the cheque. I am afraid that if the cheque is deposited then it will bounce. What should I do in this case? Thanks for your valuable time and advice in advance!

Protection from an accusation of theft by the employer

Q: I am the manager of a boutique retail store in Abu Dhabi. My company has not been earning money, details I am privy to due to the report I send to the owners, my boss. I know they considered filing bankruptcy last year when his loan application was denied. Now, my boss is suddenly accusing me of theft a week before my vacation. He says items are missing in the inventory. When I joined 2 years ago the inventory wasn`t complete, and when we changed the systems this year, items were not migrated properly. I suspect this is their way of regaining back loss, accusing me of theft. How do I protect myself?

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الفائدة من الحجز على أموال الشركة استناداً لحكم عمالي

س: السلام عليكم ورحمه الله وبركاته الأستاذ الفاضل / محمد بخيت المحترم لقد تم إجراء التنفيذ على حكم عمالي بالإجراء الآتي: أولاً إصدار قرار طلب إلقاء قبض على صاحب الشركة. ثانياً تم إصدار قرار طلب حجز تنفيذي على الموجودات والمنقولات لكراج الشركة. ثالثاً إصدار قرار طلب الحجز التنفيذي على الرخصة الأم في أم القيوين وفرعها في رأس الخيمة. أرجو التكرم بإفادتي عن المدة القانونية لاتخاذ إجراءات الحجز على المنقولات والموجودات ومدى الاستفادة من حجزي على الرخص التجارية والصناعية وطلب إلقاء القبض. وهل توجد إجراءات أخرى يمكن أن أطلبها من المحكمة؟ أخوكم أحمد

نتائج عدم تسديد فواتير متأخرة لشركة اتصالات

س: لدي فواتير متأخرة لشركة اتصالات بقيمة 3000 درهم. كان المبلغ 4000 ودفعت لهم 1000 بعد أن غادرت البلاد في 2017. قمت بالدفع في 2018. هل هناك احتمال توقيف في المطار إذا فكرت بالعودة إلى دولة الإمارات؟

Non-acknowledgement of rent termination notice

Q: Dear Sir, I had taken a studio in Sharjah, I gave notice to the real estate 30 days before the contract completion of 1 year. They didn`t reply to my mail but in the end, they charged me a penalty for another 2 months to pay since I didn`t inform them. Please advise me what to do now?

Changing the local sponsor without his consent

Q: How to change local sponsor If the local sponsor is not ready to transfer his shares?

Filing a case against the tenant for failing to pay the rent

Q: I`m the owner of one apartment in Dubai and it`s rented. The tenant is not paying the rent for one year. I want to know how to evict the tenant and recover my rent debt (AED 40000).

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Travel ban for the non-payment of FEWA bill

Q: I have been told that I have a travel ban from a real estate firm in Ras al Khaimah for a pending FEWA payment which was below AED 8000. My question is, can my wife and kid travel to India as they have an emergency to go this month? I am thinking to close this payment by arranging money from India and deposit it here in my bank which is possible only if my family can go there. Please help me out. Thank you

Bank settlement of unpaid debts to get a clearance

Q: I had two loans in Dubai and left a few years ago (2015). I wrote a cheque to the banks when I applied for the loan (but it was not written in bad faith) as I was paying my instalments for more than three years. I was contacted by a collection company and tried to structure a deal with them but it did not work. Since 2015 till now, I don`t have a permanent job and very difficult to pay back or even to hire a lawyer. Now, I am planning to immigrate and not sure how these records would show (civil/ criminal). Is there any way to overcome this situation?

Settlement of a bounced cheque case paid for rent

Q: I had to evacuate the apartment due to a case filed by my landlord in RDC in March 2018 on unpaid rent of AED 30,000. The keys were handed over to RDC. I am going through severe financial issues and it is very difficult for me to arrange the said amount. The landlord has also filed a case of bounced cheque. What remedies do I have as my financial situation is quite stressed to get rid of this case?

Knowing the reasons for rejecting a UAE employment visa

Q: Dear Sir, My cousin has applied for a UAE visa for a job. The employer has advised his visa has been rejected thrice. He never travelled to the UAE before. What can be the reason for the visa rejection?

Bounced cheque clearance after paying the amount

Q: Can the bounced cheque case be dismissed by the claimant if the amount was paid, without visiting the police station by the guilty party? The amount was AED 8600.