Questions & Answers - Legal Advice Middle East

Revocation of share transfer agreement by one of the shareholders

Q: I hold a 25% stake in a Free Zone company in Dubai, with my business partner holding a 75% share and therefore being the majority shareholder. In April 2017, there was an agreement between myself and my partner, in which he agreed to transfer all of his shares to me. Upon this agreement, we both signed and stamped a request for transfer of shares document as well as a shareholders resolution. These documents were then submitted to the Free Zone Authority but then were subsequently withdrawn without my knowledge. As far as I was aware the documents were still being processed and I only found out about the withdrawal of the documents when I followed up with the Free Zone Authority. The Free Zone Authority has since acknowledged that they should not have returned the documents and are trying to mediate between myself and my business partner to submit the documents again but he is refusing to do so. I want to know what legal action I can take against my partner for his actions.

Protection of investment in LLC business

Q: I did partnership in LLC business with one Indian last year. Recently I asked him to return my investment as he was not giving any reward of my investment. He agreed to return it. But now he is absconding because he owes some amount to an old partner who filed a police case against him. What should I do now to protect my investment or to avoid further loss? My 2nd question is: which percentage of shares will apply in case of loss? Trade license shows 15% my shares.

Negotiating with banks in respect of outstanding dues

Q: Hello. I owe a bank here in the UAE a credit card debt amount. Due to circumstances (losing my main source of income, having other financial burdens, including monthly medical bills for cancer treatment & medications etc., and I don`t have health insurance), I haven`t been able to pay back on time since over a year ago. Hence, that amount has since accumulated from a small figure to a relatively big one (currently at around AED 70,000). I have received an email recently from some "credit collection" agency, saying that if I don`t pay back next month, they`ll put a travel ban on me and file a civil case. However, it is impossible for me to pay this amount at this time. I am currently making "some" income (not as close as I used to before, but still), and have the intention to resolve this issue. Is there any way to reach a settlement with the bank (maybe to waive part of the amount or the interest), break down the monthly installments to smaller amounts, or any other solution you would suggest? Many thanks.

Redundancy and constructive dismissal

Q: Hello there, I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office. I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years. They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer. Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK? What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?

Authorisation for equity crowdfunding in DIFC

Q: What are the regulations of authorizing an equity crowdfunding platform in the UK? and in Dubai DIFC?

Grounds for filing an overstay case

Q: Dear Sir, Good Day... Is it possible to file an overstay case against me even if I have left the country during the visa validity? And I have my exit date stamped in my passport. Need your advice.

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Does company-plaintiff need to renew its trade license?

Q: Dear Sir, I have a little inquiry. My company Techno Links Trading Co. LLC has a case in the court. There are two companies in Abu Dhabi that owe us money since 2010. One is Al Maraikhi and other is Al Mushrif. The court has ordered in our favour. Now it`s been more than a year we are still waiting for the payment. The problem is we don`t want to renew our company`s license as there is no business these days but if we don`t renew we won`t be able to collect money from them. Is it possible if we end the company would we still be able to get our money from them in future? Regards

Settlement of unpaid bank debts

Q: Hi, I`m not in the UAE anymore and I want to have an idea on what charges I am facing regarding debts so that I can contact the bank and hire a lawyer to settle things for me. Thanks

Infringement of copyright law (plagiarism) and deportation of the accused

Q: I am an Indian citizen. My brother was charged with plagiarism by his employer for which the penalty was AED 20,000.00 to be paid as fine. He paid the fine and was acquitted by the court. He received termination of the case letter and a letter stating that his passport can be handed over to him as there is no further research required. When he went to collect his passport on 13th June 2017 from the city police, he was detained to be deported in 3-4 days. Since then he is in central jail AD. I have no information of any charges against him. I don`t know when will he be deported and why have they still not deported him. Could you please let us know the deportation procedure and what should be the next step from our side.

Harassment inside marital relations

Q: An NRI man claimed that he was divorced and approached me and I`m a divorcee too. When he came down I came to know that he did not get his divorce when I questioned him. He forced for sex, infact raped, video taped it and threatened that would kill my son if i dont agree. Later I had to agree and then he married me and always threatened. Meanwhile during this time I also came to know that he had affairs with many women and cheated a few too. Currently he has affair with his colleague in his office. His sister and brother in law too initially lied that he was a divorcee and later whenever I went to their house they harrased me both physically and abused me badly. I don`t have any support or anyone to save me. I`m scared that he would release the video which he took without my knowledge when he had sex with me and kill my son. He ran away to Dubai. I need justice. How can I get justice. He is in Dubai and works for Art Marine LLC. He lived with me in Dubai for 2 months and threatened me not to tell out.

What to do if you were stopped transiting UAE

Q: I have cleared all dues pending and have court papers on hand. Still, I was stopped transiting Abu Dhabi. How can I clear this?

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Refund for the purchased 10-year travel plan

Q: Dear Sir/ Maam, The issue is that we purchased a10-year travel plan worth 34000 AED with an agency and became a platinum member. However, up until now we have not received our loyalty kit (our log-in to the system) in order for us to use the product and services. According to the contract signed 19th of May, this should be given withing 2 weeks. We were very unsatisfied with their services and since they haven`t given any product or we haven`t used any of it yet, we opt to have the amount refunded and waived off the 2 nights stay in Bangkok which was given regardless of we join or not. However, in their contract that we signed, it is non-refundable. Could they really do this? Or is there still any way that we can have that 34k refunded?

Can my new employer sue me if I cancel the employment offer after accepting it?

Q: If I have signed an offer letter with an organization and I didn`t send all the required documents. Now I want to cancel with this organization. Can I cancel or will I be legally sued?

Is it required to notify the landlord in advance about non-renewal of tenancy?

Q: Please, can you advise. Our landlord is demanding a months rent penalty for not notifying him 2 months in advance of our intention to vacate the premises. However, our contract does not request us to give notification. It has one clause which states: "IF the tenant wants to leave the apartment BEFORE the expiration date of the contract, he/she shall give 2 months written notice and pay 1 months penalty." We are leaving on the expiration date, so how can we be in breach of the contract? There are no other clauses or statements in the contract which refer to leaving notice required, and the contract itself has a clause which deems it null and void after the 1-year expiry date.

Insurance policy issue

Q: Sir, my husband bought a house in Dubailand on December 10th 2015. He had paid half of the total amount rest he had taken a loan from Noor Bank. But very unfortunately he was diagnosed with cancer from 2016 February. He has been undergoing treatment since then. But he has been paying the bank EMI every month. But the treatment for his cancer did not work and he passed away on April 2017. We informed Bank. My husband has made insurance (Takaful) while buying this property. I have also informed about the bank about this. But they are asking for 6 months bank details of husbands which is not possible for me to give. Now what is the option left in front of me, Sir? Sir, plz help with your advice.

Entitlement of Bahrain citizens for indemnity

Q: I am a Bahrain citizen. Am I entitled to my indemnity when I decide to leave my job even though I`m entitled to GOSI?