Questions & Answers - Legal Advice Middle East

Filing a civil case for the recovery of an old debt

Q: Hi. A local company owes me AED 900,000. The cheques bounced and the owner/signatory ran away to the UK. The company is still running but I`m not sure if they have any valuable assets. The criminal court ruled 1 year and 3 months imprisonment for the owner who is still in the UK. The judgment was issued in 2013. Can I open a civil case now after 5 years? Does the judgment issued by the criminal court ever expire? Thanks, Moe

Assistance with changing the local sponsor

Q: Hi, I am the sole proprietor of my business running for 17 years, however, I decided to change my local sponsor. I have cancelled her name in the court and done the necessary, however, before I could change to the new sponsor, I misplaced the documents given to me by the court. What can be done now to change the sponsor, since I need to renew my trade license?

Possible consequences of a bounced rental cheque

Q: I had a warehouse and now its agreement has also expired. 6 months back, the landlord made a case against me in the police and maybe also made a case in the rental department. Now, I need to know what is the punishment for the case made at the police station and the one at the rental department. My cheque amount is AED 60000.

Unfair request by the landlord to pay a fine for bounced cheque

Q: Dear Mr Naser, My cheque returned due to insufficient funds. I received a text from my bank regarding bounced cheque and deposited funds to cover the amount and tried to reach my landlord, offered her cash delivery in an hour or bank transfer not to cause any inconvenience due to any delayed payment. She refused it. Next day, I received an email from her that she has proof from my bank that it bounced back due to insufficient funds (which is true) and wants to meet me with her lawyer and asks for AED 5,000 penalty. There`s a clause added on my contract; "IN CASE OF ANY CHEQUE BOUNCE FOR ANY REASON, THE PENALTY WILL BE AED 5,000 PER CHEQUE & TENANCY CONTRACT WILL BE TERMINATED & SECURITY DEPOSIT WILL BE NON-REFUNDABLE". Is the added clause legal? Isn`t it too harsh? I tried to find it on RERA or RDC but wasn`t able to find info. I tried hard to pay them on the same day but they didn`t accept. Looks like they are trying to benefit from the situation and making another AED 5k. Can you help me?

Claiming the profits of an investment with a company

Q: I have invested in a company, which they promise to pay me 20% return in March 2015. They paid my returns for about 2 years, though most of the times it was delayed. They stopped paying me almost a year ago and have not paid a single Dirham since then. The company seems to be a fraud because the other investors with whom I am in contact with faced the same issue and their payments are stopped for one year. I am seeking legal advice on how I can recover my money from them.

Travel ban checking from outside the UAE

Q: How to have a UAE travel ban and arrest warrant check on my name due to an HSBC loan in Bahrain? Still paying for it but with smaller instalments.

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Cancellation of an apartment purchase contract and refund

Q: I made a contract to buy an apartment in installments with a developer. Now, I don`t see it`s worth it. Would it be possible to refund my money without the need to pay any interest in due installments?

Entering Dubai again after leaving without cancellation of visa

Q: Hi there, I used to work in Dubai and left with the view to go back but moved to London instead. I still had a credit card in Dubai, but I have since paid this off and the case has been closed. I didn`t cancel my visa but it has expired. I would like to visit Dubai for a holiday and I was wondering if I still need to cancel my residency visa before returning? Am I able to do this from the UK? My old employer hasn`t taken any action against me. Thanks in advance Karen

The grace period for staying in the UAE after visa cancellation

Q: I want to know, how many days will I stay in the UAE after the cancellation of my employment visa?

Lifting a labor ban for failing to complete a limited contract

Q: Hi Atty., I just want to ask a piece of advice regarding my 1-year labour ban which my previous employer applied because I didn`t finish my 2-year limited contract with her for a reason that she is not giving my salary for 2 months. I was working in her salon as a manicurist for 11 months, and now I have an offer from a company as an accountant with a salary of 5000. Is it possible that my ban will be lifted? What should I do? Thank you and more power.

تبعات عدم القدرة على سداد شيك بدل الإيجار

س: السلام عليكم قمت بعمل شيك لإيجار السكن وسافرت خارج البلاد وحصلت مشكلة مع الشركة وقامت بإلغاء إقامتي. كيف أعالج مشكلة الشيك وهل أستطيع العودة والدخول إلى البلد مرة أخرى؟

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Family reunion case and settlement of dispute

Q: Scenario: My wife has gone to her father`s home 1.9 years ago (within the UAE) & now she has filed a case that I should provide her & our daughter with a separate home & cover up other living expenses which I can`t afford & this can be proved via financial statements as I am under loan. I am living with my parents (4-bed villa) and we are 4 people living here. She had a separate room, bathroom; all necessities of life are covered here in my father`s home. She initiated the case at family reunion council & I went there & it didn`t work. The reason she states "doesn`t want to live with my parents at the union council". In this period of 1.9 years, I myself & many other relatives have tried to sort out the matter but no success. On a number of occasions, I have asked her to come back. Proofs available (Whatsapp messages). My question now is should I open a case of home return on her or defend the case opened by her, which is better? Or if there is some other suggestion, please feel free to mention.

Requirements for the incorporation of an e-commerce company

Q: I`m a Saudi National living in the UAE and want to issue a license for my e-commerce commission-based business website for Auto/Spare parts in Ajman. We don’t stock products. We act as the middleman in the process. For example, a customer comes to our website and orders say "Brake Pads" for his/her car. Our job is to go and look across shops in the UAE to find the best deal for the customer. Then, we go back to the customer and present the best deal for this specific requested spare part. If the customer agrees to the offer, he/she then have to pay us the full amount, and then we go and get the product for him/her and take a cut percentage of 10% from the total amount paid, and then ship the product to the customer. What kind of license do we need for a business like this? I would like the license to be issued in Ajman. Also, I need to hire employees, therefore, I need a license that enables me to hire and rent an office space. Thank you.

شيك مقابل تملك أسهم فى شركة مزمع إنشاؤها

س: كنت قد اتفقت مع زملين على أن نقوم بشراء شركة. أنا حالياً أعمل موظف، ولطبيعة عملي اضطررت للسفر لمدة 20 يوم. وقبل سفري، وحتى لا أعطل إجراءت إنشاء شركة، كتبت شيك مستحق الصرف لأحد الشريكين. قام الشريكان بإنهاء إجراءت الشركة وسجلا عقد التأسيس قبل عودتي من السفر. وحين واجهتهم قالا علينا أن نعمل عقد ملحق بالتاسيس حتى يتم كتابة اسمي في العقد. ولكن الآن هو من كتبت له الشيك يقوم بالمماطلة ولا يريد عمل هذا التصحيح. سؤالي : هل ممكن إقامة دعوى نصب عليه؟ علماً أن الشريك الثاني يشهد أن رأس المال هو مالي ومستعد للشهادة ضده. ولدي شاهد آخر وهو أخي كان قد حضر الواقعة. وما هو موقفي القانوني؟ هل خسرت كل شيء؟

Arranging visits of father to the daughter through the UAE courts

Q: Hello, I am a British citizen Living in the UK, and my ex-wife who is also a British citizen lives in Abu Dhabi, UAE with our 8-year-old daughter who is also British. We have been divorced by the UK court last year in Dec 2017- A financial order has also been passed by the UK court for Clean Break last month in her absence as she did not attend any hearings here in the UK. We had an informal contact arrangement prior to divorce whereby I was flying out from the UK to see my daughter in the UAE. But since October 2017 she has stopped me from seeing my daughter. I am told that the UK law cannot be enforced in the UAE and so, therefore, I am left with no choice but to pursue child contact through the UAE courts. During this period, I started a maintenance payment for the child via my bank account in the UK to her bank account in the UK, which she is not happy with as she demanded more. Also, if the UAE court does allow me a contact, the contact has to be practical as I cannot fly every other weekend. Where do I go from here?

Checking a ban or case for leaving without visa cancellation

Q: How can one check if there is a ban or abscondment in Dubai if not in Dubai? Son had to leave and couldn`t get visa cancelled, as he had to leave urgently due to medical reasons. Checked online and residency visa is still active till next year but doesn`t want to arrive in Dubai to be fined or arrested. He has been out of Dubai for more than 6 months and wishes to re-enter in Sept. for a visit. He is a British Passport holder.