UAE Legal Resources - Legal Advice Middle East

Established use

Describes a situation where a piece of land has been used for a specific purpose for a long time, and as a result an authority recognises that it should now only be used for that purpose.

Can a company managing partner remove himself from the management position?

Q: I am a partner in a restaurant with a 20% stake and the remaining divided equally between 2 other partners. I have been made the managing partner to run the place. I would like to resign from the position as all responsibility has been put on me. I am not being paid for my time and efforts as a managing partner. I don`t have any signing authority with banks and because of my position, all legal onus has been put on me. They are refusing to put money into the business and as it`s a new business, the initial financial support is missing which is dragging down the business. In this situation, I am feeling overwhelmed and distressed because I know without the influx required for marketing, the business will not grow to become sustainable. And without any compensation coming from the company, I cannot survive. So I would like to remove myself from the managing partner position. How can I do that?

Do non-competency agreements apply to nurses working in medical facilities?

Q: Non-competency agreement. Is this applicable to nurses who basically practice general nursing care in a medical facility?

خيانة

انتهاك أو خرق لاتفاق أو إخلال بأمانة مما يضر بأحد أطراف الاتفاق.

Are the expired Emirates ID and residence visa page sufficient to check the criminal status?

Q: Good day! My estranged husband left Dubai with credit card and debts with Emirates NBD and Etisalat. I only have his expired Emirates ID and expired residence visa page. Are these sufficient to check the criminal status of financial cases? Thank you!

What legal action you can take against company cheque fraud and breach of trust?

Q: What kind of case I need to file against a person which abused my trust, had access to my company chequebook, filled, signed with his own signature and handed over cheques to third parties without having an authorized signature in the bank? To mention that the cheques were issued to replace cheques issued by another company, belonging to the accused party. All the cheques bounced due to a mismatch of signature. Meanwhile, the accused is imprisoned due to other bounced cheques issued from his own company. I`m being sent with complaints from Police to public prosecution and back, while the situation brought me in the position of not affording to pay a lawyer in advance due to accounts blocking and police case cascade against myself, from which in some cases I was already cleared.

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How to combat a court judgement in favor of client for incurred losses

Q: We had a commercial case from our client after he breached the agreed completion period. He claimed more than what he has paid as an advance and we have proved that the work is done close to the advance received. The court has given the judgement to pay back part of the advance received against the work completed but we are not happy with the judgement as we have incurred losses due to the extended execution period. During the court sessions, we have defended ourselves for the claims made by the client and we haven`t been to the court of cassation. Referring to the res judicata, can we open a new case for the damages incurred along with the loss of profit for the termination of the contract as he delayed the project beyond the agreed execution period? We have even delivered the required materials to the site for execution. He has blocked our license and in the interim, can we request the court to settle the payment to the client in small monthly instalments?

Is it legal to cooperate with salespersons sponsored by employers or spouses?

Q: Is it legal to sign an agreement with an individual to sell products and services for my sole proprietorship company purely on a commission basis? The individuals are from different backgrounds, some are working in some companies, some are on a spouse visa.

Can a broker in the UAE sell property located in India in the UAE?

Q: Dear Madam, Can I raise a complaint in the UAE against a developer selling properties of India in the UAE?

Gagging order

An order usually made by a court restricting information or comment from being made public, or in some cases, passed onto any unauthorised third party. They may be used to protect legitimate trade secrets of a company, or the privacy of victims or minors. They may also limit the freedom of the press by censorship or restricting access to information.

Returning to Dubai where there are unsettled loans

Q: I have lost my job in February 2020 during the COVID-19 pandemic with a 38k auto loan and 21k as a credit card. Now I want to come back to Dubai. What consequence I have to face? Do I need to pay a fine to avoid detention or need to pay bail after arrest?

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Can you pay your credit card debts from overseas due to visa cancellation?

Q: Will I still be able to pay my credit card from overseas? What happens if I am already outside the UAE then my visa got cancelled? Will the bank close my bank account or I can still continue to pay my debts?

How to claim compensation from a developer for delay in handover

Q: Greetings, The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation? At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount. I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value. With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years). And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?

Civil case by the bank claiming cheque amount more than the original debt

Q: Cheque bounce cases do not end by paying a fine in the Dubai police station. Dubai civil court gives judgment in absentia for cheque amount + 12% interest. The civil court execution department put a travel ban and you get arrested at the Dubai airport/your office/home and you stay in jail until you honor civil court judgment. Banks do not negotiate or talk about this stage. What to do if you do not have money to pay civil case judgment of cheque amount + 12% interest? How to get out of this problem?

زواج مدني

عقد ثنائي بين رجل وامرأة بالغين عاقلين، بإيجاب وقبول كليهما على إنشاء رابطة الزوجية وتبادل الرعاية على الوجه المحدد في القانون، ويقوم على تسجيله وتنفيذه موظف حكومي.

How to manage company operation in the absence of one partner?

Q: Dear Sir/ Madam, I am a partner in an LLC Company in Dubai, UAE. My other expatriate partner has gone to India by giving power of attorney to her friend. Currently, the business is at a standstill and all business-related documents have been kept locked in their house in Sharjah which I am not able to use. My questions are as below: 1. For how many years is the special power of attorney valid? 2. How can I claim the business documents? (Should I contact the Police). 3. Is the power of attorney valid after the death of the expatriate partner? 4. Will the debts of the old company where I am a partner affect the new company which I register in Dubai?

Self-help