Questions & Answers

Q: Hello I’m a business partner who just decided to exit the partnership with three more partners. It’s a recruitment agency. I want to know what is the best right way of getting my share from the business in terms of the company’s valuation and current billing.

متطلبات فتح شركة لبيع البرامج الإلكترونية تعاملها إلكتروني فقط

س: السلام عليكم، أريد فتح شركة لبيع البرامج الإلكترونية؛ برامج توفر خدمات لأصحاب الشركات والبيع والشراء سيكون إلكترونيًا فقط. الشركاء 5-7 أشخاص. أرجو المساعدة في الإجابة على الأسئلة التالية: 1- هل مطلوب توفُّر شريك إماراتي؟ 2- ما نوع الشركة المناسب لبيع البرامج الإلكترونية؟ 3- ما الفرق بين إجراءات فتح الشركة في دبي وأبوظبي؟ 4- ما المبلغ المطلوب لفتح الشركة؟ 5- هل توجد ضرائب؟ وإن وُجدت، فما الضرائب المطلوب دفعها بعد التأسيس؟ شكرًا!

Rights of property investor in case the developer failed to pay agreed ROI payment from the developer

Q: I have 3 hotel apartments with a Dubai developer which I have paid fully. They were supposed to deliver in December 2019, they guaranteed a 10% ROI amount [return on the investment] paid for the properties. May 2021 is fast approaching when I would be due for ROI payment from the developer, however, they are now asking for VAT payment with immense trickery calls... etc., and now stating they will not pay any benefits (ROI) unless the VAT payment is made. Note that they have not provided any current dated VAT invoices nor any VAT invoice at the point of sale and they have not completed or handed over the property. The SPA states that I shall pay VAT however puts no dates or periods at all specifying the date of VAT payment. If they do not provide me the appropriate VAT current dated invoices and because of that, I do not make the payment, do they have the right not to pay me my contracted ROI on the dates specified on the SPA (May 2021)? In case they do not pay, do I have the right to cancellation and compensation of SPA?

موظف لدى شركة اتصالات يصدر خط بدون علم العميل

س: اشتريت خطين من شركة اتصالات وأخبرني الشخص أنه يريد بطاقة شخصية فأعطيته بطاقة والدتي فطلب مني إيصال كهرباء ولم يكن معي فذهبت لأحضره ورجعت. اتضح أنه بدلاً من أن يعطيني رقمين باسمي أصدر 3 أرقام؛ أعطاني اثنين وأخذ واحدًا. استلمت اليوم ورق من شركة الاتصالات يطلبون مني فيه تسديد المبلغ على خط الثالث الذي أخذه ذلك الشخص الذي باع لي الخطين وقيمته 2500 وقد وقَّع باسمي بدلاً مني. أرجوا المساعدة!

Can I claim compensation from a beauty center for wrong treatment?

Q: I got 2nd-degree burns in my buttocks and 1st degree burns in 6 places thru a slimming beauty center where I was advised to do a Detox machine. They wrapped me full and put me in high heat. I screamed for help but no one came until it was 20 minutes. I got burnt which I didn`t realize but told it`s too hot, switch off treatment, I don`t want. I want to sue the company for compensation due to their negligence. I have had a sleepless night. On my birthday date, I was in the hospital for 4 hours. I had to go to Dr every day for the bandage. I am traumatized. I went to the police station. I went to DED but in the end, they said to go to Court. I am confused. I have a medical report plus all my burns photos. It happened on April 3rd. Please guide me. Thank you. Mrs. Mohi

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Can you leave the UAE with pending loans and pay from abroad?

Q: I have a loan and a credit card and may have to leave the UAE emergently to care for a sick parent. Is there a way I can leave and make payments from the US? How long does it usually take to be able to leave? Any other suggestions?

How to check whether an existing company has any business loans?

Q: Hello, I am planning to buy an existing sole establishment in Dubai. I want to know how can I inquire if the existing company has any business loans? Also once I buy the company, will I be liable for payments to the existing business loans taken by the old owner?

استئجار محل في دبي قبل بلوغ السن القانوني

س: مرحبًا، عمري 20 سنة ولست مقيمة في دولة الإمارات. أريد أن أستأجر محل في دبي للقيام بنشاط تجاري. كيف يمكنني البدء في هذه الخطوة؟ وهل يمكنني الحصول على الإقامة في دولة الإمارات أم لا؟

How can I make sure the travel ban is removed after settling credit card dues?

Q: I have a credit card due of AED 6000 but I want to know if I pay outstanding due, then will they remove the travel ban?

The penalty for bounced cheques of high amounts

Q: Hi, We have a bounced cheque case registered against us for AED 1.5 million in Umm al Quwain and AED 200000 in Fujairah at the police station. We would like to know the procedures of the police station and court for these two emirates. Do they provide a fine as punishment or jail term? Can we request installment payment?

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How to check reasons for rejecting entry to the UAE

Q: The last time I tried to enter the UAE, I was stopped and returned. I have lived in Abu Dhabi for 32 years. I am of Pakistani origin but hold Canadian citizenship/passport. I am planning to travel again. I checked with the Dubai Police/Ministry of Interior and both provided me with Police Clearance Certificate & Clearance Certificate. Does it confirm that I have no issue as I enter or I need to check with Immigration? Can you help? Tried to select Canada as a country but not found, so left it as the UAE.

What is the policy regarding accrued annual leaves at the end of employment?

Q: Dear Madam, We have the case of one employee who joined the company on 12 Dec 2018. His leave eligibility is 22 working days per year. He has not consumed any annual leave and is leaving the company on 31st May 2021 (after 2 years and 5 months+). Are we supposed to encash all the annual leave he has accrued from his joining till the end of May 2021? Our company has a policy of transferring only 10 days from Dec of each year to the next year. Any leave above this is forfeited. If this is the case, he will carry only 10 days from Dec 2020 to Jan 2021. Please advise what the UAE LL states about it. Thanks.

Changing the current residence visa to a golden residence visa

Q: Hi there, Recently, I was granted a golden residence visa. For that, I need to cancel my current residence visa and change it to a golden visa. What are the issues I have to take care of in terms of working during this process until the new visa and labor card are processed? Please advise!

How to renew a passport while there is a sentenced case?

Q: Hi attorney, I have several police cases. One of them is sentenced to 1 month in jail. The other ones have fines indicated. I need to find a job, but unfortunately, I lost also my passport. For me to sort out all of these cases, I need first to renew my passport, but while doing this, I have to go to the police station and get a police report, but I`m afraid that they will hold me there and send me directly to jail when they find out that I have a sentenced case. What is the best thing for me to do?

What is the next action after getting a labour judgment in your favour?

Q: Dear Sir, I would request your expert advice on my ongoing labour case. Details are below. I have pending salaries of 5 months. The first hearing started on 17 Dec 2020, the second on 21 Jan 2021 and ended up 22 Apr 2021. Please note that the employer was not present in any instance. I have received a judgement from the court last week amount of AED 64k. Please guide me on what should I do next, can I file execution papers now or should I wait the next 30 days to cover the appeal period and file the papers? Since the judgement was declared without the employer`s presence, are there any formalities I should follow to notify the employer or the court will send the judgement from their end? Awaiting your comments, Regards

Is it necessary to hire a local advocate for a labor dispute?

How to exit a partnership and get your share from the investment?