Questions & Answers - Legal Advice Middle East

Outstanding loans in the UAE while the person is not a UAE resident

Q: Hi, I worked for 13 years in the UAE and I have an excellent record with the bank. The company where I worked shut its operations effective Dec 31, 2019. I was lucky however to have found a job in Bahrain where I am currently residing. I have a personal loan and an outstanding of about AED 300 000. With my current salary in Bahrain, I am not able to pay the full monthly installment which currently is about AED 18 000 since my salary in Bahrain is 43% less than that of the UAE`s. I have not defaulted so far, I have kept some money at the bank and I wired an amount from Bahrain, but at the end of this month, I will not be able to pay anymore the full amount. Is it fine if I pay half of the amount on a monthly basis? If I do this, will the bank still file a case against me? I have contacted and emailed the bank countless of times to restructure the loan, but since I do not have a UAE resident visa, the bank is rejecting this possibility. Please could you clarify the legal part of this dilemma? Thanks!

The possibility to pay a small percentage of a bank loan as a settlement from abroad

Q: I was working in Abu Dhabi. I have a personal loan amount of 82000 and 20000 of a pending credit card bill. I lost my job due to the current COVID pandemic. When I came to India for my annual vacation, my employer terminated me and canceled my visa. I was not able to come back. Even tourist visa possibilities were less. As everyone in India aware that this job loss and paying back the debt of a UAE bank is very tough. I am ready to pay some small percentage of the amount to the bank as a settlement. Is it possible?

Providing accommodation for a resigned employee until leaving

Q: An employee resigned in his probation period but says I have to keep him in company housing for 30 days after he has finished. Is that true?

Landlord's right to increase rent if there is no proper lease contract

Q: Good day, I recently shifted to a furnished studio on 1st Aug 20. The building does not have contact information for any real estate or landlord. Sitting at their reception every time is just the usual 3 people. I signed a piece of paper which is kind of a contract, gave the security deposit and advanced payment. The person did not give any receipt for this transaction. I have now been paying for 2 months of rent on every 1st but they did not issue any receipt for these transactions. Now, on 4th Oct 20, they knocked on my door and told me that from next month they will increase rent for additional AED 200. I want to know the law applicable to my situation because I think it`s illegal increasing a monthly rent out of their "personal interest" and not providing receipts to their tenants. I think we are being scammed. Please help. Thank you.

الإجراء القانوني لرفع منع السفر بسبب تشابه أسماء

س: تم توقيف أحد الأشخاص في مطار بيروت أثناء مغادرته إلى خارج لبنان بحجة وجود تشابه في الأسماء، وقد أخبرني أحد الأصدقاء بأنه سيتم عرض الشخص الموقوف على المحكمة. هل يتم فعلاً عرض الأشخاص على المحكمة وهل يتم هذا قبل التأكد من موضوع تشابه الأسماء أم بعده؟ بمعنى آخر، هل عرض الأشخاص الموقوفين على المحكمة إجراء روتيني يتم سواء تم إثبات التهمة أم لم يتم إثباتها؟ شكراً جزيلاً

Case against a businessman for offering to return a debt on a lower exchange rate

Q: My parents put their work compensation (100,000$) with a building material businessman 5 years ago, the deal then was in writing to give back once requested. Now he is offering to give back at the rate of 1,515 LL. I already presented a case against him. Is it possible to get the money back in dollars?

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الفصل التعسفي بحجة الذم والتحقير لقول "حسبي الله ونعم الوكيل"

س: مرحبًا بكم، سؤالي للإخوة: نتيجة لكورونا، فُصِل عدد من العاملين في الشركة التي كنت أعمل بها وذلك خلال شهر ٣. أُعلمنا بالفصل من خلال الإيميل لوجود إغلاق عام ذلك الحين. للأسف لم يكن هنالك مبرر للفصل سوى الخوف من الوضع المالي للشركة. رددت على كتاب الاستقالة بقول: "حسبي الله ونعم الوكيل". بعد صدور أمر دفاع ٦ الذي ألزم الشركات بالعدول عن أي قرار فصل، تم إرجاعنا إلى العمل بدون أي مسؤوليات موكلة إلينا وأُخبرنا بأن الفصل سيحدث مرة أخرى عند انتهاء أمر الدفاع ٦. وفي آخر شهر ٧، عملوا على فصلي بحجة "الذم والتحقير" لقول حسبي الله ونعم الوكيل ردًا على كتاب الفصل المُرسَل بشهر ٣ وذلك لعدم دفع أي مبالغ للتعسُّف وبما يتوافق مع قانون العمل بفصل الموظفين دون تعسف. علمًا بأنه لم يصدر مني أي قول أو عمل يتضمن، لا سمح الله، الذم أو التحقير لأحد. هل يعتبر فعلاً قول: "حسبي الله ونعم الوكيل" من بنود الذم والتحقير؟ هل يُنصَح بالتوجه إلى المحكمة للمطالبة بالحقوق؟

حساب التركة وبيع الحصص في شركة ذات مسؤولية محدودة

س: السلام عليكم، كيف تكون التركة الإجبارية في الشركة ذات المسؤولية المحدودة؟ وكيف يكون بيع الحصص؟ هل يتم بيع الحصص حسب رأس المال أم حسب القيمة المالية للشركة؟

Claiming remedies after developer's breaching of the contractual obligations

Q: Hello there, I want to understand if there is any form of consumer rights protection for customers under real estate projects. I have paid for 80% of an off-plan property which when we put a down payment 5 years ago was supposed to be a premier luxury community. Over the years, the community has dropped many of the features of what was marketed like a rain forest and greenery. Currently, it`s not only the community that was marketed on their brochure but quality and finish are also extremely poor. Simple things like fire alarms or sprinklers which I thought to be mandatory for villas in the UAE aren`t put. They have been harassing me to make the final hand over and final payment. Even though, we have told about the never-ending snags and even missing sqft and basic layout of the townhouse. I didn`t expect this from a prime builder. We chose to take a sustainable green community even though far from the city assuming the luxury and finish would be there. Extremely disappointed and feel scam. Please advise!

تطليق الوافد لزوجته وإجراءات ذلك

س: السلام عليكم، أنا تونسي ومتزوج من إيطالية في سيشل ونعيش في الإمارات ومتزوجين منذ 3 سنوات ورغم محاولات عديدة، لم تتمكن زوجتي من الإنجاب والآن سيقع إنهاء خدماتي بعد 3 شهور. هل يمكنني طلب الطلاق؟ وماذا سيحدث إن رفضت زوجتي مطلبي؟ وما تكاليف الطلاق؟ شكرًا!

Landlord's request to have a real estate agent visit the rented property

Q: Hi, Can we refuse the landlord`s request to have a real estate agent visit the property for inspection as he is planning to sell the property? Knowing that we are in a COVID situation. I have a small kid and a pregnant wife. Also, what is the notice period to give us before we are forced to move out? Thanks!

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Canceling an investor's visa while being the only investor and manager

Q: I had a company in Hamriyah Freezone, but the company`s license expired on May 2019, thereafter, I couldn`t renew the licence due to insolvency. My company was having only 1 visa (my investor`s visa); there were no employees. My investor`s visa expired in Feb 2020. My questions are: a) Can I cancel my visa? b) Must I renew the licence? I can`t do due to insolvency. c) Can I cancel online/typing centre? Regards,

A company sent an employee on vacation due to COVID-19 and deducted his full salary

Q: Hi, I have been working in my company for about 14 years now. Due to the pandemic, I went home in March as a vacation, but never get any financial assistance from my company. Now my company is not even bothered to bring me back to work. Do I need to resign to find a new job and can I still claim my service fee/gratuity? We are a Free Zone company. Please give advice. Thank you!

Husband's desire to have the family live in home country while the wife refuses

Q: One of my friends is married. Both are Muslims and based in Dubai. They married in Pakistan back in 2010. They have 2 daughters; 8 and 9 years. She`s a housewife under the husband`s visa. The wife is given a hard time for the last few years and she knows the laws that her husband must provide house rent and kids maintenance so she`s doing blackmail and not willing to go back to Pakistan even. Recently, the husband caught her and knew that she was out with one Pakistani guy and kids were alone in the house. The husband is happy to cover the kids` maintenance. 1. In such a situation, what`s the best way if the husband wants the family to live in Pakistan and the wife keeps refusing? 2. How to secure himself?

Securing an investment with a proper legal instrument

Q: Hi, I am about to invest with a shipping company in Dubai. I will be loaning them USD 300K, at 1.25% per month, payable monthly with the loan due back in six months (with the ability to extend to a year). I would like to securitize this with a promissory note / Post-dated cheque / Lawyer recommended legal instrument. I am a US citizen with no company or residency in Dubai.

Passing a resolution in an LLC company without informing a partner

Q: Dear Madam, What is the requirement to pass a special resolution in an L.L.C company? My friend is a 24% partner in an L.L.C company and the other two partners are a local sponsor (51%) and a third-person (25%) shareholder. Recently, they debited from my friend`s account a huge amount on account of 50% rent for the last 13 years. To make this transaction, the local partner and the other 25% partner, who is the owner of the property, jointly passed a resolution for charging rent for the last 13 years without informing him in advance. I would like to know: is this valid? What are the requirements to pass a resolution in this type? No one informed my friend in advance about this resolution. Is this resolution valid? My friend is the affected party. What is the local company law saying? Kindly reply!