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UAE

Is it possible to transfer a company license from one free zone to another?

Q: Hi, I am S. A. and I have a Sharjah free zone license. I want to shift my license into Dubai free zone with the same name. Kindly advise me if there is an option. Thanks & Regards, S. A. K.
Questions & Answers
UAE

How to sue a company for forging invoices to get a verdict against our company

Q: Greetings! A company filed a claim against our company for an unpaid invoice amount; they got an order from the primary court in Dubai against our company based on forged invoices. 1- We never received any summons/notice of the claim against us (neither from the court nor from the claimant), so we can file our reply/defence; 2- Once the court issued its order, we were served with the court order to pay the x amount; and 3- The claimant forged invoices (their receipt by our company by forging our employee`s signature on such invoices). Questions: 1- Is the lack of summons/notice a ground for appealing the court verdict? 2- Isn`t forging someone`s signature a criminal act under the UAE law? Any advice will greatly be appreciated. Thank you!
Questions & Answers
UAE

How to obtain the NOC from a developer after paying full price of property

Q: I purchased a flat located in JBR in the secondary market. The developers have not released NOC and make themselves extremely difficult to reach. Without NOC I cannot register the property in DLD. What are my rights? I paid 100% upfront.
Questions & Answers
UAE

What can I do if my wife is not letting me see my daughter after separation

Q: My wife and I have separated already 2 years and right now we decided to get divorced. We already opened a case for non-Muslim. She took my daughter to Spain to stay with her mother and she came back to Dubai alone a month back. She doesn`t let me talk to my daughter AT ALL. She also told her mother to block me. And even my mother, who lives in the same city, not allowed to visit her. Since she took my baby to Spain, she allowed me to do a video call with her only 2 times (she is there already 2 months). And since mid of Sept, she allowed me to see baby only 1 time before she travelled with her. Before we initiated the divorce I could to call my baby every 2 days. We were taking turns to take care of her (1 week she is staying with me and 1 week with her). I know that I have a right to see and talk to my baby but she doesn`t let me. Even right now she blocked me again for a week already and her mother too. Is there anything I can do in this case?
Questions & Answers
UAE

How to prepare a Will for non-Muslim in the UAE

Q: I’m Christian and my husband is Muslim. Can I still have a Will that allows me to choose who gets what if I pass away in the UAE, including the guardianship of my 3-year-old son?
Questions & Answers
UAE

Can I request applying the Indian Special Marriage Act for divorce in the UAE?

Q: Is it possible for an Indian couple to file a mutual divorce from marriage under the Special Marriage Act of the Indian Law in the UAE?
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Questions & Answers
UAE

How to get true updated information about project completion?

Q: Learning about the true status of project completion if the information at Dubai Land Department is outdated. How is it possible to learn about the true status of project completion if a developer consistently misleads about imminent completion while the information in Dubai REST is almost two years old? Dubai Municipality refused to provide information and advised to contact the developer. Does an investor have any rights to obtain information from sources other than the developer? Are there any private services such as experts or lawyers with the right to get true project information on behalf of an investor? Thank you!
Questions & Answers
UAE

Real estate claim with the main and alternative positions in one claim

Q: I have a case whereas the developer is almost 3 years late with the handover. The last status of project completion is 93.51% as of Feb 2019. It is uncertain when the developer will be able to handover, and it is possible that this may happen during the litigation. The Reservation Agreement refers to the exclusive jurisdiction of Dubai Courts whereas the SPA refers to the laws of the UAE and of Dubai being the governing law but is silent about the forum for dispute resolution. I presume that Dubai Courts would have the jurisdiction. I am concerned that the court may refuse the annulment, in particular, if the developer will become ready to handover before the judgement. Can I ask the court for annulment as the main position and for compensation for breach of contract as the alternative one, in case the court does not support the annulment? Is it a good practice in Dubai to include two positions in one claim? Thank you
Questions & Answers
UAE

Is it possible for the father to claim the custody of son who wants that?

Q: Hello, I am an Indian living in Abu Dhabi since 2007 and my wife who is now on her company`s employment visa moved out to a separate house beginning of 2021 along with my 6-year-old child (who`s also on her sponsorship visa). Now she`s not letting me meet with my son whereas my son has clearly expressed that he wants to stay with me permanently and doesn`t want to stay with my wife. What are my legal rights in terms of: a) Visitation rights b) Custody of my child Best regards
Questions & Answers
UAE

Adding a new partner to a branch of a company

Q: Dear Madam, Good Day To You! Is it possible to add a new partner in a branch of a company in Abu Dhabi? Actually, I want to open a branch company in Abu Dhabi for Dubai Trade License with adding one more partner with 51% share. Kindly provide me with the details, please!
Questions & Answers
UAE

Dividing company shares among partners while one of them refuses

Q: I am a partner in an LLC company. Due to losses, the company funds are exhausted. In case there are dues to be given and one of the partners does not have the necessary funds, where does he stand? In case 2 of the 3 partners would like to leave the company, what are the options? The 3rd partner is unwilling to settle our dues which are stocks and machinery. He also does not want to pay a royalty of the company name. The company is 30 years in the business.
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Questions & Answers
UAE

The responsibility to clear service charges after buying a unit from auctions

Q: Hello, We bought a unit from auctions in 2018. We got court letters for registration of the property under our names and service charges clearance letter. The issue is that the developer never cleared service charges before our date of ownership. Recently, with the launch of MOLLAK system, the owner association is asking us to pay previous balances before 2018. We asked the OA and auditor several times to apply court decisions without success. The court letter is written against the developer and not OA. Thank you!
Legal blog
UAE

How to Increase Chances of Getting Your Invoices Paid in the UAE

An interview-format article covering the topic of how to increase chances of getting your invoices paid in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Legal dictionary
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Joint tenancy

A type of co-tenancy where if one of the joint tenants dies his or her share goes to the surviving joint tenant(s). The deceased owner’s interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all of the property, and on his or her death the property will form part of their estate.
Legal blog
UAE

What to Consider when you are Planning to Leave the UAE

An interview-format article covering the topic of things to consider when leaving the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Legal dictionary
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غير قانوني

فعل مخالف للقواعد والتشريعات الموضوعة من السلطات المختصة داخل الدولة.