Questions & Answers - Legal Advice Middle East

Changing the partner with majority of shares in an LLC

Q: Hello, We currently have a sponsor who holds 51 per cent of the company. However, he`s charging us too high for every renewal. Is it possible for us to change the sponsor? In case he does not agree, what could be the possible solution?

Refund for delay in possession of apartment and compensation

Q: I bought an off-plan apartment in a tower in Dubai. 10+ years later, it still has not been finished and I have paid in full. Yet, they keep coming back to me and making changes and asking for more money. The latest is about the size of my apartment. They are saying that it`s bigger than what I agreed to and want me to pay more for the extra space. In addition, they are asking for some electrical money, yet the apartment has not been finished. I feel they are asking for money that is not due. They send threatening emails for payment with no explanation. As I have no knowledge about Dubai law and do not live in Dubai, I feel they would act differently if they had to speak to a knowledgeable person.

Travel ban check for Etisalat outstanding bill

Q: Hello Sir, I have unpaid Etisalat bill last 5 months. Can I travel for vacation to Pakistan next month? When I come back I will pay this all bill. The bill amount is till now AED 2947. Please advise.

Guarantee cheque to release gratuity and the way of claiming it back

Q: Hi, A person had taken AED 150000 loan from a UAE bank. He lost his job and couldn`t pay the EMI to the bank on time and his company didn`t release his gratuity and demanded surety cheque in order to release his gratuity. So A took B`s cheque as surety for AED 75000. Later A says his case was with the court and he got a clearance letter from the court upon paying some fine and now a becomes a defaulter. Still, B is receiving calls from the bank since his surety cheque is with the bank. When A`s case is cleared, how can B get back his surety cheque? How Can B safely come out of this? Please advise

Alimony and legal rights of the wife and child upon divorce

Q: Hi, I`m a Muslim expat living in Dubai for 16 years with wife and son. I had an affair and my wife wants to divorce despite I asked a number of times to try fixing the marriage. As she seems determined to divorce I want to check what are the UAE laws about alimony and other financial and legal terms.

Dealing with a bounced cheque case paid for rent

Q: 3 years ago I issued 2 cheques to the landlord as a guarantee for flats taken. Then I lost my job and failed to pay some rents. He filed a criminal case using the blank guarantee cheque from me (Landlord put amount AED 270k). In addition, the landlord filed a case with the Rent Dispute Center. Since I am now overstaying for almost 3 years, I wanted to avail the amnesty by surrendering to police and facing 2 criminal cases. Once the case has been forwarded to court with a 1-year jail term, what will happen to me if I surrender to the police? Can I appeal to court the 1-year jail term through hiring a lawyer and paying fines? Will I be banned because of the case/complaint with the Rent Dispute Center? Is the civil case different from the above-mentioned cases filed against me? Will I pay extra for overstaying, even if the cause is because of the criminal cases filed against me? What are the steps or action to be taken to resolve the problem? Please help

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Medical negligence and legal remedies in Dubai

Q: Good morning, I had two surgeries two years ago. After the first one, I needed to have another one based on lab results. After the second one, I developed severe complications (the doc briefly mentioned it on the consent and I signed it). I was misdiagnosed twice at ER at two different hospitals and was only diagnosed overseas while on holiday. I required surgery, however, it didn’t help and two months later I had another surgery in Dubai. Again it was unsuccessful and I had another surgery two months later. This year I had another surgery. The complication from the original surgery is severe and lifelong and I’m facing so many difficulties. Every doctor I saw after that said they did a very bad job and it’s extremely hard to fix it. Lab results from the original surgery say that all the tissue they removed was healthy and nothing was found. However, the doctor removed a big part and now I’m facing problems. I need an advice if I should file a formal complaint with the authorities. Thank you

إمكانية منع الزوج طليقته من السفر بدون حجة

س: السلام عليكم هل يمكن لطليقي أن يمنعني من دخول الإمارات بدون حجة أو إثبات مادي؟

Cancellation of employment visa if the company license expired

Q: Hello, I am Ali and recently my residency has expired. I want to leave the UAE but the company`s license has expired too. They also didn`t pay for (E channel registration). Can I cancel my visa with the current company situation? Can I do the cancellation by my self without the PRO? Please, advise. Thank you

Legal notice to pay the rent value II

Q: I have one question if you don’t mind. Today, I spoke to my landlord and asked him to send a legal notice but he said he already sent me the letter. This time I did not receive any letter, nor email, nothing from his side. I asked him to send Aramex report copy so that I can check with them as I don’t receive any letter, but he won’t provide that either. Doesn’t the court or anyone check if the tenant received the letter or not? And in this way, the landlord can lie as well also or play some game. All we need is a bit of time to pay him the amount but he won’t listen. How can I check about this letter as we never received it? He is saying as 30 days if the notice has been completed, so he has filed a case and the judge will decide whereas we have no clue about any of this. We have not received any letter or notice from anyone this time. Where should I check the status of all this?

مصير الشيك في حال إغلاق البنك قبل صرفه

س: ما الذي يحصل لو أخذت شيك من شخص على بنك، وهذا البنك أغلق في مصر؟

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هل يمكن التنازل عن دعوى شيك مرتجع أمام النيابة العامة

س: السلام عليكم. منذ سنتين تقريباً قمت أنا وشريك بافتتاح وكالة لتأجير السيارات، واتفقنا أن نتشارك مبالغ الأرباح خلال السنة لنشتري سيارة جديدة لغاية تأجيرها أيضاً. سارت الأمور جيداً حتى استعذرني عندما اشترينا سيارة جديدة لأنه لا يملك الفلوس وأعطاني شيك مؤجل وتحملت أنا كامل المبلغ. وعندما حان وقت الشيك، قال أنه لا زال في حالة مالية صعبة وطلب مني الانتظار قليلاً ولكن عندما طال الانتظار وأصبنا بخسائر أغلقنا الوكالة ولم يعطيني كامل حقي، فقدمت الشيك للشرطة. الآن الشكوى في مرحلة النيابة العامة ومطلوب القبض عليه، لكن زوجته طلبت مني سحب الشكوى كونه معيلهم الوحيد في المنزل وأنها تضمن أن يعمل لتأمين المبلغ على دفعات. هل يمكن سحب الشكوى الآن وهل ألاحق قانونياً للتراجع أو إسقاط حقي؟ الرجاء المساعدة.

Legal notice to pay the rent value I

Q: I’m a tenant, and due to some financial problems this year I’ve been paying my rent pretty later than the date. My landlord sent me notary notice for April, May and June cheques which I paid him off in cash within due time but still, he has not taken back the case as yet. I have the copy of the payment receipt which I paid him. Again I got late with my July, Aug and Sept cheques which I haven’t paid him yet and I’ve asked him to give me some time to pay him off the amount. He’s been calling me on and off and threatening me that he will throw me out of the house, even though he has not sent me any official letter yet. Now my question is since he didn`t withdraw the previous case (April-May-June), can he throw us out on the basis of that old letter (as we paid him the amount of that notice in time)? Or he has to provide us with a new notary public letter of 30 days again. I want to pay him all the amount but I just need some time. At the end of December, my contract is expiring.

Filing a labour case within the limitation period of one year

Q: Hello Hari, I was working for a free zone company in JLT Dubai, UAE and I resigned from the company around 12th Nov 2017. Although I had a pending salary of 5 months, my ex-company assured me that they will pay my pending salary in instalments verbally and sent me a mail stating my pending amount. So can I still file a case against my ex-company?

تقديم شكوى لإزالة مخالفة بناء مجاور على حد الصفر

س: السلام عليكم أنا مواطن أردني قدمت شكوى عند المحافظ بحق جار لي يبني بيته على حد الصفر، وقد أثبتت البلدية المخالفة. قام المحافظ باستدعائه وإلزامة بتوقيع تعهد بمهلة 14 يوم يتم خلالها إغلاق الشبابيك، ولكنه لم يفعل. الآن ماذا أفعل أنا؟

عقوبة جريمة تداول عملة مزورة أو مقلدة

س: ما هو حكم بيع وشراء العملة وواضح أنها غير مزورة؟ عملة دولار ومكتوب عليها ورق لعب. وهل يحق للمدعي العام إيقاف المتهم مدة أكثر من شهرين ورفض الكفالة دون ذكر الأسباب للرفض؟ تحياتي لكم زياد حسن جبارة مستشار مالي وإداري 966591452595