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UAE

Expected legal action in case of defaulting on a bank loan

Q: Hi I have a personal loan around AED 230000 in the UAE. I`m outside of the country. I have not taken the last 2 months salary of April and May and I can not pay the instalments. Now the bank started to ask for the payment. What will be the next step? Will they raise criminal case outside the UAE? Can I reschedule instalments? Please advise. M.
Questions & Answers
UAE

Is flirting with a married woman on Whatsapp a crime in the UAE?

Q: Dear Mr Elnaggar, I would really appreciate your help. What are the consequences of having a Whatsapp relationship with a married woman (with kids)? Only over Whatsapp, nothing physical. Her husband found out by reading her Whatsapp messages. If he decides to take it to the courts in Dubai, what are we looking at here? P.S. all parties here are Canadians. Thanks
Questions & Answers
UAE

What legal action can I take for delay in property handover?

Q: I purchased an apartment in 2017 with a completion date of Q4-2018. Till now, the construction is not complete. And based on the construction update, it will not complete in 2020. As per the agreement I already paid 50% of the amount and rest 50% is due on completion. As per the Default and Termination clause of the SPA, I sent the notice for termination on 5th Jan 2019. This clause clearly states that "If the seller has not served the completion notice within a period of 12 months from the anticipated completion date (unless the delay is caused by force majeure) and the purchaser has fulfilled all of the purchaser obligations under this agreement, the purchaser shall be entitled to send a written notice to the seller requiring the seller to complete the building works within 90 working days of receipt of the purchaser`s written notice. That time has elapsed and now I have to send the second notice as the remedial period of 20 days is also coming to an end. Please advise on the plan forward.
Questions & Answers
UAE

الإجراء القانوني المتَّبع حال عدم إنجاز المشروع العقاري في موعد التسليم

س: اشتريت شقة في دبي بتاريخ 25/03/2019. موعد التسليم المتوقَّع: الربع الأول من عام 2020. نسبة إنجاز المشروع 25٪ بتاريخ اليوم. هل توجد غرامة تأخير؟ وما الإجراء القانوني الواجب اتباعه في مثل هذه الحالة؟
Questions & Answers
UAE

Legal way to resolve legal issues among partners of a company

Q: One partner wants to leave the company. What are the options if the other partners are not willing to let him go? It`s a tech company and the partner in question is the CTO, without him, the company will almost certainly fail. There are accumulated operational losses to the tune of AED 4 million. It`s a Dubai Mainland LLC. The second partner is a Dubai company who acts as a collaborator in some of our projects. We recently found out that the GM and a couple of top managers in that company are building a clone of our most promising product. We can prove it too. Both the teams happened to bid for the same opportunity and the customer realized both are exactly the same product and informed us. Is this enough legal grounds to demand release from the partnership?
Questions & Answers
UAE

Settlement with the bank for defaulting on a loan due to COVID-19

Q: Hi, I have an outstanding loan with 97000. I have been always paying and have a good history with the bank. The loan was given with a salary guarantee from my company. I work for a reputable airline, however, I was just notified a couple of days ago that I have been made redundant due to the pandemic. I understand the bank will seize my end of service gratuity. That will leave me with around 70000 outstanding. Based on the current market situation it will be hard to find a job on time. I have an official letter from my company with the reason why my contract was terminated, although my contract is auto-renewal. I have a few questions, if I may. 1- Since I haven’t missed a payment before, when does the bank issue a travel ban? 2- What are my options at the moment? I won’t be able to repay the outstanding unless I find a job. 3- What kind of legal action can the bank take against me?
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Questions & Answers
UAE

Bank obligations in case of employment termination for COVID-19

Q: Hello, I’ve been in redundancy from my employer related to COVID-19 impact to the industry. What will happen to my personal loan?
Questions & Answers
UAE

Claiming passport back from police after a car accident

Q: Dear, Last October, my husband had a car accident, and after a few months, the police took his passport and still has not given it back. Every time upon visiting them they suggest a new time or a new phone number for follow up. His visa has been expired and the car registration (Mulkiya) would be expired very soon. What can be done to get the passport back? Kindly please help with advice. Regards
Questions & Answers
UAE

Getting a freelance license during COVID-19 Pandemic

Q: Hello, How can I support myself with a freelance license during COVID-19 pandemic situation?
Questions & Answers
UAE

رفض إعطاء براءة ذمة بعد انتهاء عقد الإيجار لعدم الإبلاغ مسبقًا بالإخلاء

س: السلام عليكم، انتهى عقد الإيجار في 19/05/2020 في الشارقة. عندما طلبت براءة ذمة، طلبت إدارة المبنى إيجار شهرين غرامة لأني لم أبلغ خطيًا بإنهاء العقد قبل شهرين. عندما طلبت نقل الأثاث، رفضت الإدارة بحجة عدم دفع الغرامة، وبسبب الإغلاق الحالي، أصبحت إجراءات المنازعات الإيجارية بطيئة إلى حد ما. ما الحل دام فضلكم؟
Legal blog
KSA

The Benefits of Establishing a Limited Liability Company in KSA

After viewing the essential procedures of establishing JV in the KSA within my previous article, we will discuss the second type which is the most common in the Saudi market and it’s the form of limited liability company.
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Questions & Answers
UAE

Filing a case from abroad against a tenant because of a bounced cheque

Q: I am a landlord. The tenant`s cheque bounced, and he refuses to pay the cheque knowing that I am living abroad. I would like to know if a lawyer can file a case on my behalf for the bounced cheque. I am looking forward to understanding what can I do to preserve my rights.
Questions & Answers
UAE

Employee benefits in case of termination during probation

Q: Respected Sir, My company terminated me under the probation period. What are my rights? Can the company give me the air ticket and salary? Thanks
Questions & Answers
UAE

How to reschedule bank loan payments in case or leaving the UAE

Q: Good afternoon, I’m a doctor who lives and works in the UAE. I have a current personal loan which I’m paying it regularly but I have a better offer to move and work in the UK. Is there a way to contact the bank and reschedule my loan payments and pay them from the UK? Obviously, this will need more scheduled payment years as my salary in the UK will be less than the UAE. To make it clear, instead of paying my loan in 4 years as here in the UAE, can I schedule it to 8 years? Thanks!
Questions & Answers
UAE

Requirements and procedures of attending an online labour case hearing

Q: Good afternoon, I have a few questions regarding my upcoming labour case. My contract was unlimited and my employer falls under the immigration authority, where I worked for 3 and a half years and I have a claim amount of AED 36,000. I have filed a labour case for unfair termination and I`ve had my case registered through Adheed Centre. They have filed my complaint and given me my case number and now I have been asked to attend a first hearing on the 7th of July and I`ve been told that it will be a remote hearing. I just wanted to know if possible what the procedures are for this remote hearing and how it will be and if it`s necessary to have legal representation for my labour case? Having seen the people in the Centre, I am pretty certain a good number of them can not afford a lawyer as well. So in case they don`t speak Arabic and don`t have a lawyer present, how will the hearing and case proceed?
Questions & Answers
UAE

Terminating an employee for poor performance and misappropriation of funds

Q: The company`s accountant has not been performing his duties professionally and has received several warning letters. He was also not producing any kind of reports despite requests and warnings. His salary was cut several times due to this. Finally, upon being forced to produce at least some report we found many issues including approving expenses without Management approval, cash missing which he was responsible for, not recording transactions properly... etc. We want to dismiss him as he made serious problems for the company and we don`t want to pay any benefits except for the last salary. We have filed a complaint to MOHRE based on Article 120 asking for termination and damages, but he also filed a complaint asking for full benefits. What is the safe procedure for us to close this matter?