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FINANCIAL CRIMES

My company in Dubai has stumbled because of the debt accumulation on it can I restructure and leave the market safe to protect my rights and the rights of creditors

My company in Dubai has stumbled because of the debt accumulation on it can I restructure and leave the market safe to protect my rights and the rights of creditors 800 800 AmalKhamisAdvocates

My company in Dubai has stumbled because of the debt accumulation on it can I restructure and leave the market safe to protect my rights and the rights of creditors

  • Yes, you can, the law has given debtors the opportunity to regulate their finances and schedule their debts, providing an investment environment that investors do not hesitate to enter, considering it a safe area for investment without risk, and a “safe exit” for investors from the market. Or continue to do business if the restructuring succeeds and the debt becomes repaid and they do not have to flee and exit outside the country as a result of their stumpling


    This was regulated by the Bankruptcy Act No. 9 of 2016, Decree-Law No. 23 of 2019. This included amending some provisions of the bankruptcy code
    These measures are the lifeline of many businessmen who have faced difficult challenges
    The application is made by the debtor, whose debts have been defaulted for more than 30 days from the date of maturity or the creditor is in a normal debt of at least 100
  • A thousand dirhams if the debtor fails to pay the debt within the next 30 days of the due date or the arbitrator upon request of the Prosecutor.

    And __ regulates the various bankruptcy cases faced by distressed companies in the UAE, identifies the legal tools necessary to avoid bankruptcy and liqualize the debtor’s funds, including:
    • extra-court financial re-regulation
    • bankruptcy-protective reconciliation
    • Financial restructuring_
    • _access to new loans on terms determined by law
    • the legal framework for converting protective measures of good into bankruptcy procedures.
    Noting that the Bankruptcy Law does not apply to natural persons, but only to companies specified by law, including the following:
    Companies subject to the provisions of the Commercial Companies Act.
    2.Companies that are not established by the law of commercial companies wholly or partially owned by the federal or local government and whose legislation, founding contracts or statutes provide for their subordinating to the provisions of this Decree-Law.
    3.Companies and institutions in free zones that are not subject to special provisions governing bankruptcy, restructuring and bankruptcy procedures, subject to Federal Act No. 8 of 2004 on Financial Free zones.
    4.any person who enjoys the status of a merchant in accordance with the provisions of the law.
    5.licensed civil companies of a professional nature.

The contract for the sale of residential or commercial units was disapproved by the developer Real estate

The contract for the sale of residential or commercial units was disapproved by the developer Real estate 800 800 AmalKhamisAdvocates

The contract for the sale of residential or commercial units was disapproved by the developer Real estate 

The developer’s resorting to the Land and Property Department to terminate the contracts of the sale of real estate units and the cancellation of the property unit Registration is a unilateral cancellation of contract and subject to judicial control in terms of cancellation, compensation or modification

Yes, it is considered a cancellation by unilateral will, since it is done before the matter was presented to the court of the general mandate, the fact that the decisions of its land and property administration are no more than administrative decisions subject to the control of the legality of the judiciary and there is no argument objecting opponents.

here it is established in the jurisdiction of cassation in Dubai, that:

The decision to revoke the registration of the unit sold on the map in the name of its purchasers on the preliminary property register, the decision to cancel the same project, or the decision to approve the written cordial settlement signed between the two parties by the Land and Property Department and the real estate regulatory authority in accordance with the authorities It is legally authorized under section 11 of Act No. 13 of 2008 concerning the regulation of the tentative real estate registry in the Emirate of Dubai and the provisions of Articles (15-19) of Executive Council resolution No. 6 of 2010, by adopting the executive regulation of the said law – which showed how these procedures and decisions are put into effect is nothing more than administrative decisions and are subject to the control of the legality of the judiciary, and there is no right to appeal to the opponents – and, if so, to the invalidity of such decisions and procedures, to the invalidity of the conduct itself or to the breach of the contract and the disrespect between the adversaries before the competent court – as is necessary – the developer or other vendor of these units is not in charge of the decision issued by land department In the case of the former, the former shall be executed and registered in the name of another buyer after the latter has been sold before the competent court The general jurisdiction and the exclusive jurisdiction of the judiciary and the determination of the legality of these decisions and procedures are not considered to be the subject of the termination of the contract by its sole will and it is not necessary to invoke the execution of decisions and procedures issued by the competent administrative body as a kind of prejudicial to the jurisdiction of the judiciary in the adjudication – exclusively – of all disputes between the adversaries

(Appeal No. 132/2015 Real Estate Appeal – Hearing held on 30/12/2015)

Report for Outstanding Cheque

Report for Outstanding Cheque 800 800 AmalKhamisAdvocates

Report for Outstanding Cheque

A person owes me money under a cheque is delaying my payment, I filed criminal police and he was sentenced to a fine and paid What’s the fate of my rights?

UAE law provides full protection for financial, civil and commercial rights both among individuals and institutions, whether or  the debt bond is a check or any other bond, and whether or a criminal police report is filed or not

If the debt bond is a check, the law has organized a way whereby a performance order is issued in one day

As long as the following three conditions are met:

If the debt claims is documented by writing under a signed document by the debtor

Such debt in the event of performance shall not be constrained by a term or a condition

, and has to be of known value

Once a performance order has been issued by the competent judge notifying the sentenced debtor, will for valid for the enforcement of the debtor’s property and funds, a decision to seize and block him from traveling until full payment, including legal benefits from the date of the judicial claim, is made

Origin.  The right of the plaintiff to appeal to the court to claim his right before his opponent.  Exception.  To take the route to a performance order.

The provisions of articles 43, 143, 145 of the Civil Procedure Act as amended by Law 30 of 2005 show that the plaintiff who claims a right before his opponent must, as a matter of fact, resort to the court by a newspaper deposited by the book’s pen. An exception to this origin is to resort to a performance order from the judge in charge of the court of first instance if all claims are fixed by writing under a signed editor of his city provided that there are several conditions in this religion for his community, namely that this debt in the event of performance is not added To a term or on a condition, and to be the specified amount, If none of these conditions are met, if not all of the claimed debt is fixed in writing, or if performance is not specified, then the way to issue the performance order – if these conditions are met together for a portion of the claimed debt without the remainder – is exceptional To resort to justice, it cannot be expanded. Because the performance order is indivisible, the judge cannot order some of the plaintiff’s requests and refuse others and refer the latter to the

competent court for adjudication – in the sense of the provision of article 145 referred to above – that the judge, if he considers that the plaintiff does not respond to all of his requests He must refrain from issuing the order. This does not change the existence of a connection between the fixed debt by writing and claiming another right attached to it or which is related to it unless this latter right is fixed by writing also in the event of performance and the amount so that the creditor can follow that exceptional path without the normal way of filing the case. The legislature must take that extraordinary route – also, if the creditor’s claim is of a particular type and amount, or is a creditor under a commercial paper if it wants to go to its source, its transferable, or reserve guarantor for one of them when all the conditions are met.

The performance command is indivisible

Text Articles 42 , 143 , 145 of the Code of Civil Procedure combined – and as such a court has been brought to justice – that if a claim for a right in which the conditions for the performance order are met and a right to which it is connected or attached or which is not met, the plaintiff shall, in such case, take the road The ordinary case without the conduct of a performance order is

an exceptional and unexpandable route and because the performance order is indivisible, the judge cannot order certain applications, and some of them are rejected and referred to the competent court for adjudication.

The performance command is related to the public order

The lawmaker has made it necessary to follow the performance order system and the obligation of the creditor to resort to it in every case where the conditions for the performance order provided for in article 143 above are met, which is public order and the court, upon its own violation, provides that the case will not be admissible.

Performance order conditions

Performance order Pers

Performance order – issued by the competent judge under his jurisdiction.

Performance command.  Issued by the competent judge under his jurisdiction.  The Court of Appeal shall, if it considers that the order is canceled, that the objective conditions for its issue are not met and that this defect shall not be extended to the same petition or procedure as the application.  It had to not stand by the elimination of the performance order, but it had to proceed with

the consideration and adjudication of the matter by a new provision.

Text in articles 143, 144, 147 of the Code of Civil Procedure indicates that the performance order as an exceptional way of bringing a case is issued by the competent judge under his jurisdiction, thus providing all the elements of judicial work and arranging the same judgments The performance order with the same powers as those established in the case of appeal of the judicial judgment, as provided for in article 166 of the Code of Civil Procedure, and therefore, if it is found that the order does not meet the objective requirements of its issuance, such as the order of order of a fixed or conflicting person, or not the performance or otherwise specified amount This defect extends to the same petition or procedure as it had to not stand at the end of the court by cancelling the performance order, but it has to go on to consider the issue and decide it by a new ruling, whether it is faulty in its formal procedures, whether this defect extends to the same broad one The Court of Appeal is obliged, if it is abolished, to stand by the judiciary without exceeding it to deal with the matter.

Exclusion from general rules of action. The enforcement of the value-of-jurisdiction rule provided for in article 30 of the Code of Civil Procedure is not in place.

The legislator has excluded the provisions of the performance orders from the provision of general rules in the case, whether in the case of procedures or rules of competence.

The jurisdiction of the court judge in whose district the debtor is located to issue performance orders, whatever the amount of debt claimed and without any provision, to be a judge of the Trial Chambers composed of an individual judge, a president or a judge of the three-judge Trial Chambers.  That is the same

The court judge in whose district is the debtor’s home is competent to issue orders of performance whatever amount of debt is claimed – without charge being a judge of the Trial Chambers composed of an individual judge, a president or a judge of the Court of first instance as it is concerned with the first instance court of all its Chambers as provided for. Articles 3 and 23 of the Dubai Emirate Courts formation Act No. 3 of 1992 do not require that the dispute be brought before the court competent to form it unless the judge fails to issue the order and sets a hearing for the case or wants to appeal against it when it is issued – hence there is no place for the enforcement of the rule of jurisdiction The values provided for in article 30 of the Code of Civil Procedure when a performance order is issued, as an exception to the general rules of the case.

Performance command and petition order

  • What is petition order

The judgment is the decision taken by the judge, with his judicial authority, to dismiss a dispute brought against him according to the rules of the Civil Procedure Law concerning a dispute in a right. The order of a petition – and the provisions of Part X of the Code of Civil Procedure – is the order of the competent judge or the head of the Chamber of the Court which, on the basis of the requests made to him on the basis of the relevant petitions, is subject to a provisional procedure by the competent judge or the presiding judge of the Chamber of the Court. This order is issued in the absence of adversaries without any explanation on one of my petition copies, the expression of which is in fact rather than

in the description given by the judge of the procedure he described.

The way to challenge the petition order.  He or she shall appeal to the judge or to the head of the Chamber who issued it unless otherwise provided by law.  This order may not be directly appealed by appeal, although the appeal judgment may be appealed.  There is no measurement in this case of a performance order if the opponent missed the date of the grievance.  That is the same.

Article 141 of the Code of Civil Procedure indicates that the legislator has made the way to appeal the order of a petition – whether issued by the court or by the person who issued the order to refuse its application – in the form of a grievance from him to the judge or to the head of the Chamber that issued it unless otherwise provided by law.  To the effect that the order issued to a petition directly concerned cannot be appealed, although the appeal may be made, In such a case, the lawmaker’s leave in article 147, paragraph 2, of the Code of Civil Procedure is unquantifiable, in order to appeal directly to the performance order if the adversary dies the date of the appeal, as this provision is an unmeasured exception to general rules.

Summary of the rule

Performance command

The creditor must resort to it in every case where its terms of issue are met. article 143 of amended civil procedures. Non-compliance to article shall lead Non-acceptance of the claim.  It is considered an exception to the general rule of action which is not measured in the cases specified therein, and is not expanded.  The creditor’s claim for the value of a check by a performance order.  Its limit is on the drawer and the standby guarantor.  The order to pull out the check is not one of them.  The result.  The creditor is required to order the check to be drawn. The normal procedure for the filing of a case must be taken

Summary of the rule

Performance order route when conditions are met. From the public order.  The result.  The court must, on its own motion, serve in violation of the non-acceptance of the case in order to bring it forward without the way prescribed by law.

Rule text

The path of performance, when its conditions are met, is set out in public order, so the court must, when it is in breach, decide on its own motion not to accept a suit to be filed without the law

Summary of the rule

The plaintiff who claims a right before his opponent originally resorted to the arbitrator under an argument deposited by the book’s book, the exception.  If the judge in charge of the Trial Chamber so provides, he shall take him to the path of obtaining a performance order. Performance order conditions not available.

Rule text

The provisions of articles 143,42.145 of the Code of Civil Procedure indicate that a claimant who claims a right before his or her adversary must, as an asset, resort to the court by his paper deposited by the book, and an exception to that origin must resort to a performance order from the judge in charge of the Trial Chamber If all that is claimed by a fixed debt is written by a signed editor of his city, his condition is that this debt be available, including the conditions of his society, that this debt in the event of performance is not added to a term or is suspended on a condition, and that the amount be specified. If none of these conditions are met, if not all of the claimed debt is fixed in writing, or if performance or amount is not specified, then the way to obtain the performance order cannot be resorted to, and if these conditions are met in order to account for a portion of the claimed debt without the rest of its parts. Since it is an exceptional course of judicial recourse that cannot be expanded and the order of performance is indivisible, the judge cannot order some of the plaintiff’s requests and refuse others and refer some of them to the relevant courts for adjudication, in accordance with the provisions of article 145 referred to above, If the judge considers that the plaintiff does not answer all of his requests, he must refrain from issuing the order. This does not change the existence of a link between the fixed debt and its written claim and the claim against another right attached to it or its result, unless this latter right is also fixed by writing, in the event of performance and the amount so that the creditor can resort to that exceptional way without the normal way of filing the case. The legislator must also take that extraordinary route if all the creditor’s claims are a particular transferor of its type and amount or is a creditor under its business paper if it wants to return on its yard, its liberator, its transferable or reserve guarantor to one of them when all the conditions – the statement asked – are met by its community.

Summary of the rule

The debtor may appeal against the performance order issued against it in accordance with the rules, procedures and dates established for appeal of sentences.  Date of appeal.  Starting from the date of the date of the date of the grievance.  The appeal against the performance order in terms of its appeal to the general rules.  The Court of Appeal annulled the order for the absence of objective conditions for its issue without the defect extending to the same petition or procedure for its submission.  It should proceed.

Rule text

The decision of the Court that the debtor may appeal against the order issued against him in accordance with the rules, procedures and dates established for appeal, the date of appeal from the date of the date of the date of the date of the date of the appeal, and the decisions of the appeal against the performance order from the Court of Appeal in turn as a court subject to appeal The Court of Appeal shall, upon the appeal of the performance order with the same powers as it is established in the case of an appeal against the judicial judgment, as provided for in articles 165, 166 of the above Act, therefore, the order was revoked because the objective conditions for its issuance, such as the issuance of an order, were not fixed in writing, disputed, non-performance or non-specific, without extending to the same claim or procedure as it had to do so The Court must proceed with a new judgment, but if it is

flawed in its formalities, whether this defect is extended to the same or its proceedings before the Court, the Court shall, if it is canceled, be bound to stand to eliminate this without going beyond addressing the issue.

Claiming For Collecting Commercial Debt

Claiming For Collecting Commercial Debt 800 800 AmalKhamisAdvocates

Claiming For Collecting Commercial Debt

I demand a limited liability company to repay commercial debt, but the company has refused to pay. What are legal procedures taken in this situation?

What is the fate of my rights in the unpaid debt, can I litigate against the company manager?

Filing a claim and obligation of payment case against both the company and the manager in his person in an LLC company if it is proven that he holds assets of the company in form of revenue and benefits through the business of the company or in case fraud and grave malpractice. Articles No. 82 , 84 of the commercial companies code No. 2 of 2015

Articles 645, 647, 650/1, 801 and 802/1) From the Commercial transactions Code – and on the basis of this court’s jurisdiction – that while the creditor of the LLC may request the court for declaration of bankruptcy if it stops paying due commercial debt on time as a result of its financial instability and the disruption of its credit

According to Article 84 of the Companies code No. 2 of 2015, the director of the LLC  the company, may ask the partners and others for any fraud he or she does, and he or she is obliged to compensate the company for any losses or expenses incurred due to a mistake by the manager

Limited liability company manager is responsible towards company, partners and others for frauds committed. He is obliged compensate and for losses or expenses incurred from its fault

It is established in the court jurisdiction as per article 84 of the Companies law No. 2 of 2015 stipulates that the director of the LLC shall be answerable for the Company, the partners and others for any fraud and shall be liable to compensate the Company for any losses or expenses incurred due to a mistake on the part of the Company Manager.

How To Turn To Arbitration

How To Turn To Arbitration 800 800 AmalKhamisAdvocates

How To Turn To Arbitration

I signed a contract with one company and we agreed that in case of any dispute between us we will turn to arbitration. I surprised that the company filed a case before Dubai courts. Does arbitration bind them or not? What are my rights?

UAE law provides full protection to the agreements signed between parties as long as there is no conflict between them and law.

Concerning the arbitration clause in commercial cases, it binds the two parties. If one party files a case before the court ignoring the arbitration clause, the other party shall insist on the arbitration and take positive action at the first session by submitting objection against filing a case before the court by the first party. Therefore, the court shall not accept the case due to the arbitration clause after ensuring the existence of the arbitration clause.

The opponent shall resort to arbitration complying to the contract conditions if he/she wants to continue in the dispute.

Breaching Of Contracting Agreement in UAE Law

Breaching Of Contracting Agreement in UAE Law 800 800 AmalKhamisAdvocates

Breaching Of Contracting Agreement in UAE Law

I contracted with a contracting company to build a villa and paid the agreed contract price, but the company abstained from fulfilling its obligation. What are my rights to this company and do I have the right to seek compensation for this damage?

In the event that the contractor fails to perform the contract, the owner may seek the court to claim the payment to the contractor with legal interests from the date of the abstaining and breach of the contract, and compensation for the damage caused by the contractor’s act of abstention

First: with regard to the request for the termination of the contract and the situation to be reinstated:

Failure to implement the obligation is a material act which may be proved by evidence and evidence, and that the judgment and evidentiary standard is the case, as long as the conclusion of the obligation leads to the conclusion that it has reached.

The rights and obligations of the contract shall be fulfilled by both parties.

The contract must be executed in accordance with what was included and, in a manner consistent with what was good faith.

Second: With respect to the claim for compensation for delay.

According to the provisions of articles 76, 77, 88 and 90 of the Commercial transactions Act, if the debt arises from a business and is related to a known amount of money at the time of the obligation’s emergence and the delay in payment of the debtor, the creditor may require interest in compensation for the delay.

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