Questions & Answers - Legal Advice Middle East

Assistance with procedures for selling a company

Q: Hi, I would like to know if you have a service for the sale and purchase of a company? We are a small company and we might be selling the company and would like to see how much it would cost for a legal advice and assistance.

The mother's right to protect her child while on her custody

Q: Hello, I am looking for advice regarding child custody and travelling abroad with my child. In addition, I require advice regarding my husband wanting overnight visits (I am refusing because he previously tried removing our child from the country without my permission). I also need advice regarding the legality of questioning one`s faith.

Violating the student privacy by the teacher

Q: Is a teacher allowed to look through my phone in the UAE?

Wrongfully accused and arrested for sexual harassment

Q: Hi. Someone was arrested in Dubai under the accusation of sexual harassment, but the defendant is innocent. There is DNA evidence that can prove this. However, he has confessed under pressure of doing this and signed a confession in Arabic which is a language he does not know how to read, write or speak.

How to transfer the shares of a local partner to another

Q: We have a civil case against the company, is it possible to change the local partner holding 51% of shares as per the MOA?

Filing a civil case to claim money invested with a restaurant owner

Q: We (12 persons) have invested in a Japanese restaurant (AED 100,000), each with 3 years contract. After 2 years, the owner failed to pay the shop rent for the past 6 months and the landlord had closed the shop. The owner signed a waiver to the landlord that he no longer has a claim on that shop, meaning to say, he already hands over the full restaurant to the landlord. The landlord already sold the shop to another person. 3 of the investors already have bounced cheques while mine will expire in Oct 2018, and others as well. Question 1. What is the procedure for filing a case against the previous owner since he breached our contracts? Question 2. My cheque is still not due, can I file a case against him? Question 3, Do we need to get a lawyer with regards to our case? Best regards, Lea

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Checking for absconding counter-case by the employer after leaving

Q: Dear Sir, I worked in the UAE from 2009 until the middle of 2011. My company terminated me but they did not pay me the indemnity and the salary for the notice period. I wanted to leave the country that I could not stay there long without employment. Finally, I left without getting the dues and also without cancelling the residence. I filed a case at DIFC after I left the country and DIFC court made a verdict in my favour to pay AED 50000/-. However, the company filed an absconding case and as well another fake police case that I picked up some of the company files against me. I came to know about these cases when I checked with the authorities through another source later when I was planning to come to Dubai for another employment. Please note now it has been 7 years since I left the country, and I would like to know whether any of this cases may be still valid. And how can I clear myself out from this fabricated case? I would be grateful for your valuable advice. Thank you.

Employee's right to seek cancellation after leaving the company

Q: Dear Salah, I was a partner in one company in which I sold my shares and left the MoA/company on 4th Jan`18. One of the employees whom I recruited wants to leave the company now and the present owner is not cancelling him. The employee joined the company on 1st Oct`17. But his resident visa was not stamped. Till today his resident visa has not been stamped. This employee desperately wants to leave the company. What can the employee do? He did visit the labour court but his case was closed as the present partner promised to pay all his dues and cancel his visa in front of the labour officer. Should the employee re-open the case? Will it have any implications for me? What best course you advise for the employee now as he desperately wants to go home, but he wants to come back to the UAE with some other company?

Initiating bounced cheques proceedings to recover a debt

Q: Hello! I lent money to my office colleague. As a guarantee, he gave me three blank cheques. He is no longer working for the same company. He, in fact, is looking for a new job. It`s been two years and he hasn`t paid anything. Not sure if I`ll deposit the cheque mentioning the amount he borrowed, definitely the cheque will bounce back. I came to know from my other colleagues that if the cheque gets bounced back, the case will go to the court. If the court sees that he is unable to pay, they`ll write off this amount and he might be sent to prison for few weeks and I`ll no longer be eligible to ask him for the money. Can you please assist on what I should get legally to get my money back? Thanks!

الخطوات والاحتياطات اللازمة خلال جلسة تحقيق في قضية عمالية

س: السلام عليكم، عندي قضية عمالية في محاكم دبي (أنا المدعي). بتاريخ 17 يناير 2018 طلب القاضي مني و من الشركة (المدعي عليها) تقديم مذكرات ختامية وتم التأجيل لجلسة 5 فبراير 2018. حضرت جلسة 5 فبراير 2018 وتقدمت بمذكرة ختامية و لم تتقدم الشركة بأي مذكرات. في ذات الجلسة طلبت من القاضي إصدار الحكم، وقامت الشركة أيضاً في ذات الجلسة بطلب إصدار الحكم. قرر القاضي التأجيل لجلسة 7 فبراير للنطق بالحكم. بتاريخ 7 فبراير أصدر القاضي الحكم بأن يقدم المدعي اثباتاته من شهود وقرائن وبينات خطية لاثبات ادعاءه بالفصل التعسفي وللشركة المدعى عليها الحق بنفي الادعاء بنفس الطرق المشار اليها وذلك في جلسة تحددت في 26 فبراير 2018. هل يجب تقديم مذكرة في جلسة التحقيق؟ لكي أتمكن من إثبات امتناع الشركة عن سداد راتبي سأقوم بتقديم كشف حساب من البنك، هل يجب إعداد حافظة مستندات أم يكفي تقديم كشف الحساب البنكي باليد؟ في حال قيام الشركة (احتمال وارد جداً) بإحضار بعض العاملين بالشركة كشهود زور فهل يجوز أن أقوم بالطعن على شهادتهم؟

مصير المتهم بسرقة بعد معارضة المدعي لحكم البراءة

س: السلام أستاذ عندي سؤال عن تهمة سرقة أغراض محل أكل، وكان زوجي اعترَض عليها وفتح تحقيق جديد وربح فيه وخرج براءة. وبعد فترة رجع اعترض عليها هاذ الشخص، شو الحل؟

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تنفيذ حكم الرؤية الصادر من مصر في الإمارات العربية المتحدة

س: السلام عليكم حصلت على حكم برؤية طفلي من محكمة في مصر. المشكلة أن الزوجة مقيمة في الإمارات بطفلي وأنا غير مقيم بالإمارات. ماذا يمكن أن أفعل حتى أرى طفلي؟ هل يمكن تقديم حكم الرؤية المصري وأطلب تنفيذه بتسفير الطفل لأني لن أستطيع الحصول على إقامة حتى أسافر أراه؟ أم أن محاكم الإمارات ستلزمها فقط بالرؤية داخل الإمارات؟ وهل معنى ذلك أني عندما أريد أن أرى ابني يجب أن أسافر إلى الإمارات لرؤيته؟

Online travel ban checking and requirements

Q: How to check what kind of ban I have under my name?

Harassment by employer and right action

Q: Hi, Sir. Good evening. My name is Sanal and I have a question. My current employer is a lady and she is harassing me too much. Now, I`m nearly three years with her and every time she harasses me. She says I will complain about you in the immigration and put you in jail. I make u a big problem like that, not only me in my company but there are other employees also struggling the same situation. Until now three years, we are afraid of her and we are silent. Now, she realises we are not going to continue in this company and she wants to make a problem for us. It`s simple, she doesn`t want to pay us in ten months and our visa is going to finish so she starts t make issues for us. I need your help, Sir

How to evacuate the tenant and claim your pending rent amount

Q: We own an office and it’s rented out to a company. The tenancy contract has finished on 4 April 2018 and the tenant is not answering his emails and calls to hand over the keys. I don’t know if they are in the office or no. This tenant has not paid rent for more than six months now. Only one of his staff was in touch with us since last six months and he has disappeared. The staff has been giving us false promises and we have been trying to work with her, but this has taken too long and we have lost our patience. The staff claims they cannot pay the rent because some of their clients are not paying them. While I try to be understanding, the tenant refuses to pay even a portion of the rent or even the AC utility bills, which according to the rental agreement are the tenant’s responsibility. Can I get to the office as the tenancy is expired now and we haven’t received the rent and communication from the tenant?

What happens if an LLC partner passed away

Q: How to know what happens when an owner of a limited liability company passes away, and how would the company be liquidated?