Questions & Answers - Legal Advice Middle East

Signed Form F with a buyer, can you still negotiate with others for a better deal?

Q: Dear Sir/Madam, If you have signed Form F with a buyer, can you keep your property on the market and continue to talk to other buyers in case you get a better deal? Is it against the law?

Is share capital decreasing possible? Are statutory retained earnings and statutory capital reserve the same?

Q: As per the UAE Company Law, is share capital decreasing possible? Are statutory retained earnings and statutory capital reserve the same? As per the UAE Company Law are there any statutory retained earnings and/or statutory capital reserve applicable? If so, how much?

What laws apply to goods sales, and what about delayed payments?

Q: Dear Sir/Madam, A total of 3 consignments of spices were exported to a Dubai-based company. The payment terms were 50% against AWB and the rest after 15 days of delivery. After the delivery of the 2nd transaction, we got the first part of the payment. Upon sending the 3rd consignment, the company complained of quality issues in the product shipped in the second consignment (after 14 days of delivery) and released the 50% payment for the third consignment also. No further discussions were made regarding the second consignment`s quality. They assured to release the payment as per payment terms. As soon as the third consignment reached, they again complained of quality issues about the size of the product. We asked them to return the goods and not sell them further. They have sold the goods and after 20 days, are demanding a lab test on a very small quantity of goods remaining with them and are not releasing payments. What laws apply to the sales of goods and their payments? What recourse do we have?

Can I withdraw my hit-and-run case to cancel my visa and leave the country?

Q: Dear Sir/Madam, My car was hit in a hit-and-run incident in front of police personnel, and they asked me to file a case. So I did, and now it has been 5 months, but the case has not yet been resolved. Now, I want to cancel my visa and leave the country. Can I withdraw my case due to this, and what could happen after? The case has been at the prosecution stage for more than 3 months now. If you could advise me on this, it would be greatly appreciated as I intend to start my studies abroad.

Can my employer charge me with misconduct company refuse to cancel my visa upon resignation?

Q: My company is not giving clarity over my resignation on the last day of work. They have charged me with misconduct for an internal email sent to concerned stakeholders and using that email as a tool to withhold my cancellation.

Divorce settlement: Husband's financial duties to wife and daughter

Q: Dear Sir/Madam, My wife and I are getting a divorce, and we want to settle it here in Dubai. However, we got married in Egypt and have a 5-year-old daughter together. I want to know the legal financial requirements from my side towards them after the divorce to include in the agreement.

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Is it mandatory to register an offshore company from RAKICC for corporate tax?

Q: Dear Sir/Madam, Please advise if it is mandatory to register an offshore company from RAKICC for corporate tax. Meanwhile, RAKICC states that offshore companies technically cannot register because RAKICC is not on the list of the FTA (Tax Authority). RAKICC suggests that offshore companies must wait for the FTA`s new decree to update the list.

Is it mandatory to register the marriage in MOFA to live together here in the UAE?

Q: Dear Lawyers, Is it mandatory to register the marriage in MOFA to live together here in the UAE? We are both Muslims from different nationalities and nikah was done in another country. 1. We both have our own visas and have no dependency on each other in terms of any legal ground. 2. We do not have any plan to have a child since we both are over 45 years old. 3. We have no requirement to register the marriage in our home country. Still, is it mandatory to register the marriage with MOFA? We appreciate your valuable input to clarify this.

MOHRE released the final decision in my favor. How to receive payment?

Q: Good Morning, Greetings! I resigned from my past company due to a delay in salary payments, and I registered a complaint against the company. MOHRE released the final decision last week, obligating the defendant to pay. I followed up with the company, but they are not responding. What is the next step to get payment? Thanks!

Can the court expert extend the timeline of delivering his report?

Q: In my misdemeanor case of 150,000, the case is in the upper court and is with the Ruler`s Court expert. The case went to the Ruler`s Court expert in October 2023, and the expert picked the case in Jan 2024. He said that the report will be ready in Apr 2024. Now there is a 2-month extension. Is there any timeline as to how much time the expert can take? Also, is there a maximum time as to how much time the case can stay in the upper court?

Can a local active partner take over a company against the wishes of a non-local partner?

Q: Dear Sir/Madam, Can a UAE local active partner take over a company against the wishes of the other non-local partner under any circumstances? Does UAE law support this action?

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What is the reconsideration case in RDC (Rental Dispute Center)?

Q: Hello, What is the reconsideration case in RDC (Rental Dispute Center)? Can it be done after filing enforcement of eviction?

Two days of sick leave are refused and deducted as three days. Can I file a salary complaint?

Q: Hi, I took sick leave for 2 days, which were Monday and Tuesday. However, my sick leave was not attested and was refused by HR. In the attendance record, they marked me as absent for 3 days, including Sunday, Monday, and Tuesday. My salary is being deducted for 3 days. Can I file a salary complaint with MOHRE for illegal deduction?

What kind of evidence is a must for drug-promoting charges?

Q: Dear Sir/Madam, What kind of evidence is a must for drug-promoting charges; if there might be a witness only, a positive test but no possession, and no texts regarding money?

What is last workday with differing notice periods in employer's and MOHRE contract?

Q: Hi, I need advice on the termination of my contract and notice period. I`m in the first year of my second fixed-term contract with my employer (a school) and was terminated on March 21st due to restructuring. My employer`s contract states that I must give one term`s notice, so they want my last working day to be July 5th. However, my MOHRE contract states that "the terminating party shall notify the other party of such desire 3 months as a prior notice before the determined date of termination, such period shall be similar for both." My employer argues that because we had a two-week spring holiday followed by a one-week Eid holiday, my notice period does not include the holidays. Can you please advise on what my last working day should be? Additionally, what is the correct end date of the notice period, and how can I get my employer to agree?

My partner withholds profits and falsely claims ownership. What should I do?

Q: Dear Sir/Madam, I am currently facing a complex situation involving a business partnership gone sour. Two years ago, a friend and I embarked on a bed space business venture without obtaining a trade license. While I covered the full investment, my friend took responsibility for managing the flat. We agreed to split the profits 50-50. However, over the past 8 months, he has been withholding profits and not contributing to utility payments, leaving me to bear the losses. Despite my repeated requests for reimbursement, he consistently delays payment. Recently, he renewed the flat in his name and is claiming ownership. Furthermore, he has replaced me with another partner and refuses to compensate me for my share of the goodwill amount, which amounts to approximately AED 30,000. Additionally, he is spreading false accusations about me to mutual friends, tarnishing my reputation. My question is, do I have any legal rights to claim from him? If so, what would be the appropriate legal procedure to pursue in this case?