Ask The Law- January 11, 2002

Bad cheque
From: Mani Lakshmanan, Turkey.
Our company is based in Turkey. We have been exporting our products to many factories in the UAE for the last six months. One of the companies owes us $25,000. They gave us a cheque for $10,000. But the cheque bounced. How do we collect our money from them? We have asked them many times by phone and fax. They do not answer us. Whom must we contact to take legal action against them? We cannot keep visiting the UAE because of visa and financial difficulties.

If the bad cheque was delivered in Dubai, the emirate's courts have the jurisdiction to hear the lawsuit. Concerning the remaining amount, the company can be sued in a Dubai court after documents have been submitted, such as the purchase order, the sale invoice and the bill of lading.

Ownership
From: Thota Surya Kiran, Dubai.
We have a company FZ-LLC with two overseas partners and one local expat. A board resolution authorises the local partner to be the MD and, with a power of attorney, to act on behalf of the board to sell and acquire real estate and also to sign on behalf of the company. As the funds have not come from overseas, is it possible for the MD to hand over the company to other interested parties so as to safeguard the interests of the employees?

Since a licence is issued by the Economic Department, the limited liability company must have met all legal requirements, including those regarding the capital.
You have not mentioned clearly what financial liabilities the company has failed to meet.
A managing director cannot hand over the company to a third party without the approval of the General Assembly.

Harassment
From: Priya Pinto, Dubai.
What action is available in Dubai against 'eve teasers'? What happens if colleagues and people you work with, who manage to control themselves in the office but have no control out of the office, harass you? What does a woman do when people make disgusting comments and walk up and ask you things directly? I have heard that Dubai offers a lot of protection for women. How should a woman deal with the above situation?

The UAE's Penal Code provides protection for women against harassment. A woman who is harassed can submit a complaint to a police station specifying the type of harassment, the harasser(s), the time and place of harassment and witnesses or evidence. A letter or phone call can testify to this harassment. A complaint must be serious, clear and specific.

Accommodation
From: Mr. S. D'Souza, Dubai.
I have been working in Dubai for the last two years. Can a friend and I share a flat with a female cousin? The entries to the rooms are separate.

There is no law that prohibits sharing accommodation or determines sex, nationality or the attributes of those who share accommodation. But permission from the landlord is a must because sharing means subletting the hired apartment. Subletting must be approved by the landlord.

Maid, nanny
From: Vandana, Dubai.
Can an expatriate sponsor a maid and a nanny for a handicapped child at the same time? Yes, an expatriate worker who meets the legal requirements as to salary and accommodation, can sponsor a housemaid and a babysitter to look after his disabled child.

An application for both visas along with originals and copies of a duly attested employment contract, tenancy contract, passport of the applicant and medical certificate proving the child's inability, should be submitted to the Naturalisation and Residency Department.

Marriage
From: Louise Elisabeth Andersen, Denmark.
My fiance is about to work and live in Dubai. Is it possible for me to marry him and live with him there? I live in Denmark and he lives in Lebanon. Would this cause any problems, and what are the requirements to get married in Dubai?

First of all, you must obtain a residence visa in the UAE. Later you can get married in a court in accordance with the Islamic Sharia if the husband is a Muslim. In this case, the bride's custodian must agree to the marriage. If the husband is a Christian, the marriage will be subject to the rules of the church to which he belongs.

Driving licence
From: B.G. Dhar, Bahrain.
I have a valid Bahraini driving license. During my visit to the UAE, can I drive there with my Bahraini license?

Yes, a visitor to the UAE can drive on his Bahraini driving licence during his stay in this country. The law prohibits driving without a licence.

LLC licence
From: Muhammed Nadeem, Pakistan.
I want to get an LLC licence from Sharjah. What are the requirements?

The Sharjah Economic Department and Chamber of Commerce and Industry are the authorities in charge of issuing professional and trade licences. You can apply to them. The capital of the company, as provided for in the Companies Act, must be deposited in a bank, in the name of the company.

A deposit slip and a duly attested incorporation contract must be submitted to the Economic Department, which will issue the licence after certain requirements have been met.


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