Questions & Answers - Legal Advice Middle East

Removing a partner from a company in a Freezone and cancellation of his visa

Q: I have a company in Ajman Freezone. We are 2 investors (myself and a business partner). I wish to remove myself as an investor and cancel my visa. The trade license expired recently and there is a small outstanding amount to be cleared as well. How can I proceed with the cancellation of my visa?

Inability to get money back after receiving the final execution judgment

Q: I have 10 bounced cheques with me that I had received from a company for the supplies given to them. I had filed a civil case against the company here in Abu Dhabi. The judgment came in favor of me that I should get the amount and later went for execution also. I also received the judgment in my favor that I should receive the whole amount including court fees. After that, I put a travel ban, block in Muroor, bank, and an arrest warrant was applied also. As of now, the procedures had completed a year and a half back, and still, when I enquire in the court, they tell me that there is no money and ask me to enquire in the CID department. But several times I went to the CID department and they are telling me they are searching for the person. The person is a local Arab and I heard that he is still here in Abu Dhabi. Is there anyone who can help me out in this case?

Time frame for a final settlement of an end-of-service gratuity to be issued

Q: Hello Madam, Good Morning! How many days does it take for a final settlement of an end-of-service gratuity to be issued? I am told that it may take 30-45 days. What if we close the bank account and go back to our country?

What happens after filing a report to the police for a bounced cheque?

Q: Hi, I made a bounced cheque report to the police. The amount is 250,000 AED. I have been to the police station to complete the process. On the police app, it shows "transaction completed". Now, I am unsure what happens next! When will they arrest the person? Call him to the police station? etc. Basically, I`m waiting for something to happen but don`t know exactly what happens now!

Cheques issued for the benefit of a friend who stops paying his loan

Q: Hi there, Last year in January, one of my friends asked me to give cheques to him to buy a flat on rent and he gave me the reason that he is having bank issues that`s why he cannot use his cheques. He promised me that he will pay on time and I will not face any issues. But after April, he stopped paying and I started getting calls and emails that I am having a case in the police and the civil court. I have a travel ban. My dept is 60,000 AED. I don`t have enough money to pay this amount and that guy isn`t paying either. Can anyone help me to get rid of this? Thanks in Advance!

Time frame to get a travel ban removed after loan settlement

Q: Dear Ms. Rajasree Ravivarma, I need your help to know how much time it takes to get the travel ban removed after the loan settlement amount is paid to the bank? I am in discussion with the bank to settle my loan amount.

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How can you terminate a property SPA and get refund for delay in handover

Q: I have purchased Residential Villa, in a project in Dubai; the value is AED 7,100,000. The project started in 2013 and was supposed to be completed in 2 years time. The project today is showing 38% completion on the DLD website. I have paid 35% a long time back, also I have paid the registration 4% fee, and I have Title Deed. In my opinion, the project is unlikely to be completed in the near future, although the DLD website says Dec 2021 completion. I am looking for a lawyer who will get me a refund for the money paid, and also if possible refund of Stamp Duty and also compensation/interest. I will pay the lawyer only after I get my money back.

فسخ التعاقد في حالة تحميل الموظف مهام لم يتفق عليها

س: السلام عليكم، استفسار بخصوص إمكانية فسخ التعاقد مع شركتي الحالية بدون شروط جزائية استنادًا إلى بند إجبار الشركة لي على أداء أعمال مهنة أخرى غير مهنتي لأكثر من عام تقريبًا ومعي إثبات ورقي بذلك. - مهنتي هي مساح عام ومن تاريخ 5/1/2020، أجبرتني الشركة على التوقيع على تولي مهام مهندس مدني بالشركة بسبب ذهابه في إجازه لبلده لمدة 5 شهور وحتى الآن لم يرجع، علمًا بأن النموذج مُوضَّح به أن فترة تحمُّل هذه الأعمال هي 5 شهور فقط ولكني أتحمل هذه الأعمال حتى تاريخه. معي نسخة من هذا النموذج موقَّعة من مسؤول الموارد البشرية ومن المدير العام وصاحب الشركة. - عندما طلبت أجر مقابل هذا العمل لأنه أكبر من قدراتي وأحيانًا أضطر للاستعانة بأصدقاء لي خارج الشركة بمهنة مهندس مدني لأستطيع إنجاز العمل رفضوا طلب الزيادة. - هل أستطيع فعليًا فسخ التعاقد؟ وهل سيكون القانون في صفي أم لا؟

Requirements for starting a non-profit organization in the UAE

Q: Hi, I am looking for a lawyer to set a non-profit organization in the UAE. Thanks

Mutual consent divorce for British ex-pats in Dubai while the wife changes her mind

Q: My wife & I agreed to a mutual consent divorce. We both are British ex-pats in Dubai. She’s now changed her mind & is attempting to blackmail me, citing she’s been stalking & screenshotting my female friend’s social media, taken evidence from my phone and my diary. She says that if I do not sign over everything I own, she will go to the police claiming adultery. Is it true that she has broken the privacy law here? We were separated for more than 12 months now. Is it illegal for me to begin dating again? Can she continue refusing divorce? I’ve offered her all she is due under UK law but she wants 100% of all assets. We have no kids, and we are both employed. We tried everything. This is almost 2 years now.

Removing a partner from the trade license due to being unreachable

Q: Partner Missing: In our civil company, one of the legal partners, holding 25% share, is outside the country since May 2013 and is unreachable. The local partner has 25% share and I (an ex-pat) have 50% share. Is there any way through which we can remove him from the trade license?

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Filing a case for custody and expenses after divorce

Q: I am divorced as per UAE personal status law 28/2005. I have filed for custody and expenses for my 8-year-old kid. Kindly advise the procedures with the court and the documents required. Also, my husband is threatening to get the property which is under my name in India, can he file a case here in Dubai?

What to do if the previous manager does not complete the handover?

Q: Hi, I just took over a company as a manager in the DED (Dubai Economic Department). It is an LLC company. however, the previous manager is not completing the handover to me. I have not been given any financial reports or any other related documents. so what should I do to cover myself?

Leave salary calculation in case of changing salary

Q: Could you please advise the leave salary calculation for the below scenario: - Leave Due 02/04/2020 - Leave availing from 07/05/2021 - Salary till 31/12/2020: AED 4,500 - Increment Received from 01/01/2021 and new salary amount AED 5,800

Penalty paid by the employee for early termination of a limited labour contract

Q: Hi. My limited-term employment contract states as below. Please let me know, does this entitle my employer to deduct 6 months salary if I terminate the contract without serving a notice period. "Should either party desire to terminate the renewed contract, such party shall notify the other party of such desire within (3 Months) prior to the date of termination. Such period shall be similar for both parties. Both parties have agreed that the termination wage to be paid by the terminating party to the other party shall be equivalent to the value of the worker’s total wage in (3 months). Such wage shall be similar for both parties."

Is it possible to leave the UAE if you have a loan and continue paying from outside?

Q: I have an outstanding loan in the UAE, and I got a job in Europe. How do I go about it? If I inform the bank, will they allow me to continue paying the loan from outside the UAE?