Questions & Answers - Legal Advice Middle East

Doing business online through drop shipping

Q: Hi, I am a resident in the UAE and I want to do business online, but it has nothing to do in the UAE. I will buy products from China and ask the suppliers to ship them directly to my customers in Europe. There will be no import or re-export or even selling in the UAE. What kind of license do I need for this? (This business model is called "drop shipping"). Regards,

The effect of an outstanding credit card loan on the issuance of a new work visa

Q: Hi Maam, Good day! My bank emailed me that they filed a civil case against me since I have not paid my credit card amount 50,000 AED for almost 8 months now. I lost my job due to COVID 19, I am totally broke. Now my question is: I finally found a new job, they are working on my employment visa but I am very anxious; thinking that this pending case against me may affect my employment visa application! Will this be a reason for future visa rejection? Please enlighten me!

Obtaining a case or file number of a relative detained in Dubai

Q: Hello, I live in Canada so I am unfamiliar with the judicial system in the UAE, I was wondering how to obtain a case or file number of a relative detained in Dubai. I am unable to speak to this relative so I cannot ask him directly.

The insurance coverage after the damage of a warehouse

Q: A couple of years ago, I rented a space in a warehouse (not the whole warehouse) to place my business items. However, the warehouse was hit by floods in Jan 2020 and my items were fully damaged. Since then, they keep saying that they are not responsible but, `by luck`, they did have an insurance policy that is willing to cover 1/3 of the cost of the goods. I don`t have a signed contract with them, but I do have the original quote and the monthly invoices that they sent. The original quote also mentions insurance in case of total damage, which was actually one of the reasons I decided to go ahead with them. I have talked with a couple of lawyers on the phone but they all said exactly opposite things, which I believe that this is because they probably have never dealt with a similar case, so I hope I can find someone who actually knows what the law says and can support accordingly. I don`t mind starting a court case, but I need to know if the commercial law is on my side and that they are fully liable.

Consequences of failing to pay full loan instalments to the bank

Q: Hi Sir I had taken a loan from a bank in September I was paying proper instalments until March. After that, I could not pay full instalments. Now the bank called me saying that they will be depositing the cheque and go for legal issues. Kindly let me know what are the cheque bounce consequences. I am afraid.

Starting a business while being an employee in a government organization

Q: Hi, I and my friend agreed to start a business and be partners. As I`m working in a government organization, (and also my wife), we don`t want our names in the trade license. Is there any way of being a partner without our names in a trade license?

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Legal requirements for developing a mobile application in the UAE

Q: Hi Experts, I do have a business plan and developed a mobile application for this. But before making a mobile app live, I would like to know if my business plan is legal in the UAE. If not, what approval...etc. is required? Kindly let me know what plan/help/package in this portal is relevant to address my concern. Regards K

Obtaining the Turkish citizenship by investment for Syrian nationals

Q: Hello, Can I, as a Syrian, buy an apartment for 250k and get a Turkish passport? Thanks

Getting clearance from the bank after settlement of debt

Q: Hello there, I left the UAE in 2015 and I had a loan and credit cards paid one by one and left now with the last credit card with a bank. I was paying minimum account until Feb 2020. Then COVID-19 hit and I was not able to pay. I contacted bank but no response from their end for settlement. Now suddenly an agency started dealing with me and asking me to pay around AED 12000 which is very difficult. Please advise. I paid one bank and got clearance, paid another bank but they are not giving out a clearance letter still after much follow up. What can be done?

Filling a blank cheque issued for a security purpose and get it bounced

Q: Hi, I just want to know about the cheque bounce penalty. The cheque amount is 220,000/-. I have given a blank cheque for a security purpose to someone but unfortunately, he filled 220,000 and presented it to my account and it bounced. Now, what should I do? Please let me know!

Making an internal alterations to the property by the tenant

Q: My husband and I are Dubai residents. We have a property in Al Reef in AUH which we rent out. It has come to our attention that the current tenant has made internal alterations to the property and has basically turned it into a salon (complete with advertising outside). He did not ask us for permission to do this. He maintains he has all the correct paperwork from the municipality which allows such changes to be made. Manazel has told him that it is not permitted. Long story short, the developer is now giving us, as landlords, two weeks to reinstate the house or they will take criminal and civil proceedings against us. We wish to sell the property but we assume that it will require some form of NOC from Manazel which I imagine will not be forthcoming given the circumstances. As we are in Dubai, we cannot get to AUH at the moment. Is there anyone you could recommend to advise us of our options (if any)?

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مطالبة الشركة بالعمولة المستحقة بعد انتهاء مدة عقد العمل

س: أعمل بعقد محدد المدة ينتهي بعد ستة أشهر مع شركة مقرها الرئيسى دبي ولكنى أعمل بفرع أبوظبي ولذا فكل المرسلات عن طريق الايميلات من خلال الأوت لوك. فهل هذه الايميلات يعتد بها أمام المحاكم من عدمه؟ وماهو شروطها؟ وهل يحق لى الشكوى فى أبوظبي علماً بأن إقامتي دبي؟ فضلاً عن أنه لدي إيميلات تبين نسب العمولة في حالة تحقيق المستهدف كل عام ولكن الشركة تتهرب من تقديم كشف بالمحقق عن العام الماضي 2019 حتى تاريخه وترفض إعطائي بيان به حتى تتنصل من دفع العمولة ووصل الأمر أنني حققت للشركة عقد بمبلغ كبير يفوق الهدف (التارجت) بأضعاف وتحاول الشركة التنصل منه وتتلاعب حتى لا تقوم مرة أخرى بدفع عمولتي لهذا العام 2020. ولهذا السبب فوجئت بالشركة اليوم بتوجيهها إنذار لي بسبب سوء السلوك ولم تبين سبب ذلك أو تجري أي تحقيق وبهذه الصيغة فقط فكيف يتسنى لي أن أحمي نفسي من ضياع حقوقي؟ علماً بأن طبيعة مجال الشركة تستلزم أن العقد الذى وقعته يتم توريده فى شهر أكتوبر المقبل. هذا فضلاً عن سوء المعاملة لإجباري على الاستقالة، فهم يعلمون أنني لن أجدد العقد معهم ولذا يحاولون مضايقتي حتى أستقيل أو يقومون بإقالتي وحرماني من حقوقي. أرجو النصيحة وشكراً مقدماً

Termination of SPA for delay in delivery and failing to pay instalments

Q: Hello, I would like to ask a question about real estate. My husband and I recently lost our jobs because of COVID-19. We invested in an apartment for more than 2 years ago. This apartment was supposed to be completed last year, but it is not even on 50% at this moment. We don`t have visa sponsor anymore and we are unable to continue paying for that apartment. We will have to leave the UAE soon. What are our options for this situation? Can we ask for the return of our investment? Thank you very much for your help.

اختصاص المحكمة في حالة وجود المدعي خارج البلاد

س: هل يجوز لمحاكم الإمارات الحكم بنفقة أطفال انتهت إقامتهم في الدولة قبل تاريخ رفع دعوى النفقات وبناء على إقامتهم مع الأم خارج الدولة؟ ألا يعتبر ذلك تعديًا على الاختصاص المكاني للمحكمة والأصل رفض الدعوى وإرجاعها إلى المحاكم المختصة في دولة إقامة الأطفال؟ شكرًا مسبقًا للرد!

The consequences of filling a case for divorce regarding alimony and Mehr

Q: Hi! I’m married to an Emirati man who wants to divorce me, but he doesn’t want to give me the dowry mentioned in the marriage contract in case of divorce. He advises me to ask the divorce cause he said that, in this case, he doesn’t need to pay me the amount mentioned in the marriage contract. We don’t have kids. I’m from Romania and we got married in Dubai. I want to divorce him too cause our marriage is not working anymore but I don’t know what will happen with my alimony in this case. Kindly tell me how I need to proceed. Any advice, please! Thank you!

Steps to get the settlement amount from developer after cancelling a property

Q: Dear Sir I have cancelled the purchase of a property in Dubai and the developer has agreed with my decision. The developer committed in writing to refund the agreed settlement amount “within 90 days “. I have kept consistent follow-up records and everything in writing between the developer and me. However, 1 week before the 90 days expiry period (due to my constant and persistent follow up in writing) the developer has stated it will take another 90 days for them to refund me the monies, sighting COVID-19 as “ the “ reason. Am I able to enforce the email agreement between the developer and me to recover the agreed settlement within the 90 days and latest at the 90-day deadline? I look forward to hearing from you, I would also be pleased to engage on the tel with you if you feel this would be more useful. I currently reside in Kenya. Thanks. Regards, S.