Questions & Answers - Legal Advice Middle East

Special POA for opening a representative office abroad

Q: Good Morning, We are a UAE registered company and we are opening a representative office in the Republic of Belarus. For that, we need special POA. Could you assist us with that? Thanks and regards, Rania +971567788780

Filing for divorce in the UAE if marriage was outside

Q: I married in Poland, my wife is Polish and I am English. For the past 3 years, she has refused to live here and now has no residency visa. We have a 13-year-old son, and she is pregnant. She organized this by IVF treatment which was from a spermicide sample of mine without consultation. I am considering whether I can divorce in the UAE where I am a resident, and what would be the financial implications of doing so.

Arrest in a bounced cheque case filed by the bank after settlement

Q: Last October 2017, my security cheque for my personal loan bounced because I was two months delayed. When I found out that my cheque bounced, I coordinated with the bank, and they advised me that I need to submit a new cheque and new salary transfer certificate to them and they won`t file a case. I submitted the required documents and paid some amount as well. Last February 21, 2018, I was planning to go to Georgia for vacation and I was arrested due to a case filed by the bank. I was surprised because I knew that they will not file a case and no one from the bank informed me that I have a case. The case was filed last November 12, 2017, and I even had communication with the bank for loan re-structuring and during that time they didn`t even tell me that I have a case. I paid AED 10k fine for the case. I was really disappointed by the bank gesture. Why would I go to Georgia if I know that I have a case? I almost spent 5 days in jail. Please let me know your advice. Thank you very much.

Terminating employment contract by an employee who has no visa

Q: What if I signed a contract with my employer but I don`t have any employment visa yet, then I want to quit? do they have the right to make any problem for me?

International marriage and validation in home country

Q: Hello. I am Irani citizen temporarily residing in Sweden while doing my masters, and I am willing to get married to a Palestinian girl holding the Swedish nationality. By the end of this year, we are planning to move to Iran for a while before my papers are sorted and we move back to Sweden. What papers do we need to validate our marriage in Iran, and how to fix her residency when we come as we might stay for more than one year there?

Is it safe to accept post-dated cheques to drop a fraud cheque case

Q: Hi, I invested AED 75,000 with a company that intended a takeover of CCTV installation, and the company is located in DAFZA with 4 partners. They made me sign an internal contract which wasn`t signed by all the partners and I never got a copy of the same signed by all 4 partners. I kept chasing them for the same as well as for MOA from DAFZA and name change on Trade Licence but got only excuses. Finally, after 3 months of chasing them, they informed me that they don`t intend to take over the company and wanted to divert my funds elsewhere. I refused and asked for a refund. They gave me a fraud cheque that got bounced due to the unauthorized signatory. I filed a police complaint, after which the authorized signatory was summoned by police. Later the signatory contacted me and wanted to settle it in 4 PDCs across 3 months but on a condition that I return him the fraud cheque which is the only proof I have proving his fraud intentions. Kindly advise if his demand for the return of fraud cheque is valid?

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Drafting Terms of Service & Privacy Policy for a start-up

Q: Hello, We are a Dubai-based start-up and we are seeking a legal counsel or freelance legal advisor to draft Terms of Service & Privacy Policy, as well as vendor terms & conditions/ contracts. Please contact sam@bopi.ae if you are able to support. Thank you Samiha

Claiming unpaid fees by a company due to its administrative error

Q: Sir, Madam I signed in Dec. 2017 a business contract for a short audit assignment with a local AD company. The CEO of the company requested my services but recently resigned. The company paid the first payment on my private UAE account. But in Jan 2018, the finance department realised their mistake in the selection of contractors. They wanted a company and not a single entity. As requested, I gave all documents required for a new vendor registration counter-signed by my local partner company. After delivery of the preliminary report, as per contract terms, they still didn`t pay the 2nd payment for misalignment with the 1st beneficiary of the payment (me). They have launched an internal audit. The company has not followed the procedure, nor reacted quickly on the affair and tried to cover their internal error. What are my rights as an independent consultant not residing in the UAE? Can I file a legal case for the non-respect of payment & breach of contract? What is my/partner probability to win this case?

Labor contracts revision to advise on labor dispute

Q: Assalam Alaikom, I live and work in Iran for 4 years as a storekeeper in est. for food & beverage. I never had any problem, but my company was cutting my salary and did not pay my last 2 salaries until now. I told them I have family and need my salary but they did not help, and we argued till we reached a bad situation in the relationship. they told me not to come to work anymore and did not pay me anything. I was shocked that they made a case against me that I had a lot of mistakes and made them loses and they ask me to pay them money now. Please, tell me what should I do?

Execution file to enforce payment upon court decision

Q: My employer refuses to pay me my money after a verdict has been made for the past 6 months.

Checking any case and travel ban possibility

Q: Hi, I was married in Dubai in June 2015 and divorced in October 2016. My then wife was in another relationship. When I found out in Feb 2016, I filed for divorce in Scotland. Scots law dictates a separation of 1 year before the divorce is granted. As such, I travelled to Dubai in March 2016 to reclaim my belongings and finalize the decision. In Oct 2016, I received the confirmation of divorce from my then wife along with a statement from the court compelling me to pay AED 100,000.00 as compensation. I took the divorce as final but didn`t pay the bill. As such, I would like to know, is there any open case against me in the UAE preventing my travel?

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Knowing the reason of a police case upon closing credit card

Q: I already closed my credit card from Dubai First 2 months ago. Now, they cannot issue me a clearance letter because they said I have an open police case according to the person I talked to on their hotline. Why do I have an open police case if my account is already paid and closed 2 months ago?

Revision of agreements before conducting business in the UAE

Q: I`m Muhannad from the Kingdom of Saudi Arabia. I will sign two agreements next weekend, NDA and MOU with a UEA company that I want to take a franchise from. I want to review these agreements.

Probation period calculation as per the labour contract

Q: I signed a limited period contract. I entered the UAE on 22-09-2017, and my visa was stamped on 10-10-2017. How will the HR calculate my probation period? As per the law, when will my probation period end?

How to act against termination during probation period

Q: I was terminated by my company in the first week after one month. My ID was in process. I went to medical checkup and I stamped (My contract was unlimited with 3 months probation period). I had to return to my home country within 2 days. Now, my visa is valid till late April. I want to apply again for a job, do I need a NOC? Shall I apply to find a new sponsor from my home country or apply for visit visa?

Visa status of the wife after divorcing her sponsoring husband

Q: What would be my visa status after divorcing my husband in Dubai? Since I am on his visa he says that I can continue to remain on his visa, but he got me into this country with our marriage certificate from India under the Special Marriage Act. Thank you.