Al Reyami Advocates and Muhyealdeen International Legal Consultants

Corporate & Commercial Law

Corporate Lawyer in Dubai | Commercial Lawyer in Dubai UAE

Commercial law governs the broad areas of business, commerce, and consumer transactions. The specific law has developed in a number of commercial fields. These include:

Banking
Bankruptcy
Company Establishment
Contracts
Debtor and Creditor
Landlord-Tenant
Mortgages
Sales
Secured Transactions

A legal counsel on the commercial law is a much in demand service nowadays because of recent commercial developments in Dubai. As our legal counsels in Dubai UAE on commercial law have extensive experience and we have a clientele from all over the world it enables us to cater small, medium and large companies.

The firm provides wide range legal services in the field of commercial law. It manages to facilitate company establishment, winding up and dissolution; it also provides an extensive and professional selection of legal services and advice to clients concerning business and corporate transactions, contracts, the banking system and other relevant matters.

The corporate law governs the services related to the formation of companies such as registration or inclusion of entities, drafting memorandums of association or articles of association and acquiring the type of required license namely professional, commercial or industrial.

Our team can provide assistance on creating liquidations, acquisitions, mergers, partnerships, joint ventures, bankruptcy and more

International Corporate Law includes the cross-border transactions which are versatile in nature; ranging from drafting and negotiating of international commercial contracts in all fields of commerce.

Dubai Real Estate Lawyers | Expert Property Lawyers

Our Real Estate Lawyers assist clients when acquiring various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations therein.

Real estate law is the branch of civil law that covers rights to possess, use, and enjoy land and the permanent manmade additions attached to it. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenants, the transfer of interests in real property, and real property financing, including deeds and mortgages.

Commercial Leasing
Commercial Real Estate
Homeowners Association Law
Landlord and Tenant Law
Neighbor’s and Pets
Residential Real Estate

With top calibre real estate lawyers, property laws remain the core strength of our firm; we handle land mark cases against the biggest and known developers in the country, whether in arbitration, mediation or court proceeding.

Company Establishment & Registration

Business Setup in Dubai UAE | Company Formation Lawyers in UAE – Legal Process

UAE is one of the well known markets of Middle East for starting a business. Dubai is a leading trading hub of it and one of the most attractive destinations for investors to start a business because of its business friendly policies. These policies include no tax, liberal running conditions, protection of assets and privacy.

We can help you invest in the best because we specialize in providing all types of company formation and registration services backed with our quality strategic legal advice to help you setup a successful business in UAE.

Our firm can assist investors in creating joint ventures, acquisitions, partnerships & complete business start-up.

MERGERS AND ACQUISITIONS

Mergers and acquisitions process entail several key businesses, intellectual property, human resource, financial and legal issues. To successfully navigate a sale of a company, it is very important to understand the dynamics and issues that could arise and are expected to be encountered throughout the process.

In this article, we provide guidance on key points to consider in mergers and acquisitions (M&A) law in United Arab Emirates.

UAE Commercial Companies Law sets out the rules for transformations, merger and acquisitions of companies. In addition, Corporate Governance Code and other circulars and regulations issued by Security and Commodities Authority is being observed by listed companies in UAE. However, some onshore companies adhere to regulations that may differ from Commercial Companies Law. For instance, companies that are:

• Wholly owned companies of federal and local government
• Those are expressly excluded by resolution issued by the federal cabinet; and
• Energy or infrastructure companies wherein 25% of the capital is directly or indirectly being held by federal or local government

It is also important to note that, Free Zone companies are not necessarily governed by the Commercial Companies Law, as they are established and granted by virtue of different levels of legislative authority – the competent free zone authority generally have precedence over laws applicable thereof.

Nevertheless, one of the most pointed out issue being considered in M&A are questions in regard to restrictions on share transfer. Under Federal Law No. 2 of 2015, shareholders of limited liability companies (LLCs) are given a leeway to invoke statutory pre-emption rights for share transfers – rights granted cannot be waived, unless otherwise approved and agreed upon by all shareholders at the time of transfer. On the contrary, private joint stock companies (JSCs) and shareholders of free zone entities do not enjoy the same statutory pre-emption rights on transfer of shares. However, shareholders in free zone companies can agree and reduce these restrictions in the company’s articles, memorandum of association or shareholder’s agreement. In addition, transfer of share in free zone companies requires approval from the relevant free zone authority.

In passing, most common way of acquiring private owned company is through share purchase or asset purchase. It can also be done through statutory merger which is usually not commonly resorted to. Main advantage of share purchase could be the target company remain as it is, and the process of transferring shares is generally straightforward.

In M&A, another commonly asked question pertains to the duration of the process and how much time it takes to effectuate private M&A transaction – to larger extent, this depend on the parties. As an overview, the administrative procedure may require notarization of transfer agreement, registration of amendments to the articles of association with competent authorities, in which case both actions can be handled at rather short period. Not unless, the process requires legalising documents issued by foreign authorities.

Negotiating and executing the transaction agreement will likely be the central part of the M&A transaction. Hence, we have listed the main and relevant documentation needed:

• Submission of notarized shareholder’s resolution approving a share of asset transfer agreement to the commercial register
• Identification documents (e.g. passport for individuals whereas constitutional documents for corporate entity along with certificate of good standing and shareholder resolution approving the transaction). These documents must be legalized according to the procedures agreed between UAE and the country of origin of the buyer.

M&A process entails very extensive process that requires input from specialist legal experts. The office of Al Reyami & Muhyealdeen offers our expertise in all aspects of M&A practice from preparation and negotiation process, including legal advice on end deal structures and assistance in conducting legal due diligence down to the merger filings with the relevant authorities and the implementation of pre-closing restructuring.

Criminal Law

Criminal Lawyers in Dubai | Criminal Defense Lawyers | Criminal Law in Dubai UAE

It is critical for Criminal Lawyers in Dubai to grasp the Islamic Sharia Law Provisions in relation to the International Criminal Law System in order to deal with the UAE Criminal Law System effectively. All sorts of crime is covered under UAE criminal law, including, for example, robbery. fraud, sexual abuse, human rights violations, forgery, intoxication, breach of trust, and many others.

The UAE Criminal Law System regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of the people. It includes the punishment of people who violate these laws.

Criminal defense lawyers at Al Reyami Advocates represent clients in police stations, prosecutions, and courts all over the UAE. Clients who have been wronged or accused can benefit from our criminal litigation services. Our lawyers assist clients from legal advice to legal assistance by fully leveraging their knowledge with criminal law in the UAE and talents gained over time.

Our criminal lawyers are best experienced in criminal cases such as:

• Bounced Cheque
• Payment/Debt Dispute
• Human Rights Violation
• Fraud, Forgery
• Real Estate and Property Dispute
• Tax Evasion, Financial Crime
• Labour and Employment Dispute
• Driving While Intoxicated and Other Alcohol Related Violations
• Credit Card and Bank Loan Fraud
• Cyber Crime, Cyber Bullying
• Domestic Violence, Child Abuse, Child Abduction By Parent
• Sexual Harassment or Sexual Abuse
• and many others

Al Reyami Advocates & Muhyealdeen International Legal Consultants, together with its local partners and other affiliated local lawyers, established, conceptualized and adhered to the basic principle that justice is to be denied to no one. The firm’s advocacy is to ensure that it client’s rights and interest shall be protected in accordance with law.

Debt Collection Lawyers in Dubai | Debt Recovery Service UAE

No Win No Fee – OUT OF COURT

Our team has highly experienced debt collection lawyers that specialize in the process of debt recovery through dispute resolution, mediation, negotiation and settlement as well as criminal and civil litigation.

Debt collection encompasses overdue invoices for companies, personal debt to individuals, bank debt and even amounts owed on bounced cheques. The amounts involved range from a few thousand dirhams right up to multi-million dollar issues.

We can tailor recovery action to fit your specific circumstances and can act for the creditor or the debtor in these issues. Understanding the avenues and procedures allows our team to deliver successful resolutions wherever possible and judgement and the force of the UAE legal system where all other avenues exhausted.

Debt Collection Service in Dubai

Why Law Firm Is Better Option For Collecting Debt

Debt collection service is the process of collecting payments of overdue debts owed by individuals and companies or businesses. As per UAE law, there is a statutory limitation which imposes 2 to 10 years’ time period for any individuals or companies to file any legal action or lawsuit against another for debt recovery. After this period lapse, the lender cannot file legal charges against you in a bid to recover the debt. However, it’s important to recognize that the debt will continue to exist, even if it’s rendered legally unrecoverable.

Law firms or lawyers act as debt collectors on behalf and as per the request of clients and companies. Lawyers are more able to collect any debt dues because of having extensive knowledge of the laws dealing with debt collection. Many people prefer to handle over any debt case to lawyers because they lack any knowledge on how best to proceed to collect any debt collection.

Lawyers know the cheapest and quickest ways to engage to collect any debt. There are several pathways which people often mistakenly resort to while trying to collect their debt such as arbitration or litigation. Prior to taking these routes, it is better to settle with the debtor subject to the condition that the latter makes payment. Lawyers will respond promptly by engaging in negotiation through adjudication or mediation which if failed shall ensue prompt legal action against the debtor. It is absolutely crucial to know the advantageous route to collect debt or alternatively the client may be required to incur signification cost.

For these stated reasons, it is crucial for any individuals or companies to quickly seek the assistance of lawyers who will protect their respective interest by building a solid case to collect any debt due. We have a history of acting without delay against debtors and collecting any amount due. As soon as any debt collection file is handed over to us, we shall firstly get in touch with the opponent, discuss any viable settlement, advise our client and pursue any step or action deemed necessary to finalize any debt collection case.

Bankruptcy Law, Liquidation, and Insolvency

Liquidation Lawyers | Bankruptcy Insolvency and Liquidation Law in UAE

Bankruptcy Law in Dubai – Liquidation Lawyers and  How We Assist With Insolvency

“Are you the owner, partner, manager of a commercial company duly registered in the UAE that is struggling to pay your creditors? Are you undergoing a business downturn and seek legal solutions to solve your financial problems?

Then look no further and come to Al Reyami Advocates and fully learn how to protect yourself: The Federal Bankruptcy Law issued under the federal decree No. (9) for 2016 on various bankruptcy cases. The law identifies different ways to avoid bankruptcy cases and the liquidation of debtors’ assets, including consensual out-of-court financial restructuring, composition procedures, financial restructuring and the potential to secure new loans under terms set by the law. Businessmen will no longer have to face arrest or legal prosecution for unpaid debts, nor do they have to flee the country – as many had done in the past – to avoid jail term following the implementation of the landmark UAE Bankruptcy law.

Make Al Reyami & Muhyealdeen law office in Dubai UAE your first choice when deciding on declaring commercial Bankruptcy: Many clients fail to realize the full benefits of the current bankruptcy laws either because they do not know the process or they seek help from organizations which do not specialize in this process. Here, knowledge is power, there are so many steps to take for a successful outcome, since the bankruptcy restructuring committee was only put in place March 1st, 2018, few firms have experience with the new law and procedures. Current law firms and consultancies will just push for liquidation, since this is what they have been doing for years, and just too busy with other services they provide.

Our legal experts specialize in this process, with the sole purpose of settling your companies debts and having removed any potential criminal liabilities through the implementation of this new law.

Immigration to USA

The EB-5 investor visa (the “Investor Green Card”) provides Lifetime Permanent Resident status in the United States.

Lifetime Permanent Resident status in the U.S. is granted, with freedom to live, work, attend school, run a business or retire anywhere in the U.S., regardless of the location of the investment.

There are currently no quota backlogs. This means that the EB-5 visa is available for immediate application. It is important to note that priority processing of certain EB-5 visas is available.

The Green Card covers the spouse and unmarried children. “There is no waiting list to apply. Annual quotas for the little-known EB-5 visa have never been exceeded since the program was created by Congress in 1990.”

$1,000,000 is the investment requirement that qualifies the investor for an EB-5 Green card. However, a $500,000 investment in the U.S. may qualify the investor for an EB-5 Green Card if it is in an economic target area designated by the USCIS. Also the other way around would be to create 10 full time jobs for qualified US workers. The funds may come from any legal foreign or U.S. source, including the sale of property, gifts, loans, pension funds, trusts and inheritance.

A passive investment is acceptable, with no requirement for day-to-day management of a business, provided the investor retains a policy-making role.

The holder of the EB-5 Green Card is free to keep or dispose of the investment once the employment figures have been verified and all conditions removed from the Green Card (approximately 30 months after issuance).

After five (5) years of holding the green card, the EB-5 Green Card holder may be eligible for U.S. citizenship.

Insurance Law

Insurance Law in Dubai UAE | Hire Insurance Claim Lawyers in UAE

The scope of insurance law involves dealing with issues such as health, car, life, property and more. We have experienced insurance defense lawyers who can help you claim your policy from the insurance companies. Our insurance practice includes areas such as,

1- Injury
2- Car accidents
3- Liability
4- Property
5- Work related accidents and more

Federal Law No. 6 of 2007 serves as the framework which establishes and regulates the functions of Insurance Authority and licenses in UAE insurance companies. By virtue of this law it oversees, regulates and protects the rights of the insured and its beneficiaries and at the same time, improves the performance and efficiency of insurance companies. The Insurance Authority supervises the health sector in coordination with other health insurance regulator in Dubai (the Dubai Health Authority) and Abu Dhabi (the Department of Health – Abu Dhabi).

On the other hand, companies registered to operate within the free zone areas have their own legal and regulatory framework unless there is a specific provision governing insurance in the respective free zones. Such as The Dubai Financial Service Authority and Dubai Financial Centre Authorities regulates insurance companies registered under the laws of DIFC. Also, insurance companies registered within the ADGM are bound by The Financial Service Regulatory Authority of Abu Dhabi Global Market (ADGM).

Under UAE law, any insurer engage in insurance business within UAE must be license by the Insurance Authority.  In addition, insurance companies must ensure that the code and conduct and ethics imposed by the Authority are observed by all its employees and ensure the development of professional codes of company and its employees. At the same time, brokerage companies operating within UAE are prohibited dealing with unlicensed insurance companies or not registered with the Insurance Authority. Any insurance contracts entered into with any of the unlicensed or unregistered insurance companies will be null and void.

In furtherance with the recent development in 2019, the Insurance Authority decreed Resolution No. 33 of 2019 Concerning the Regulation of the Committees for the Settlement and Resolution of Insurance Disputes. Except in cases or disputes that include an arbitration clause, the committees are authorized to settle and resolve all types of insurance dispute involving the insured, beneficiaries or other affected party against any insurance companies registered under UAE laws and other foreign insurance companies who are authorized to conduct insurance activities within UAE.

The UAE court has jurisdiction over any dispute arising out of insurance policy provided that the insured is a current residence of UAE. Also, UAE courts have jurisdictions over claims filed against UAE nationals or even foreign legal entities who are a resident or has legal domicile within UAE.

Arbitration Centres have jurisdiction over insurance dispute provided that certain requirements and formalities are met. Such as: valid arbitration clause is incorporated in the signed contract between the parties. Determination of a valid arbitration clause requires that the arbitration agreement must be reduced in writing, that the arbitration must be in a separate agreement to the insurance contract and that the arbitration agreement must be signed by a signatory vested with an authority to settle disputes.

Overall, the Insurance Authority continuously endeavor to secure market conduct concerning every facet of the insurance business, the Authority is significantly focused on regulating and developing commission structures, disclosure obligations and protecting policyholders values.

Labor Lawyers | Labour and Employment Lawyers in Dubai UAE

Our highly experienced Labour and Employment Lawyers provide legal assistance covering a full range of labour and employment matters.  We deal with issues concerning workers compensation, employee benefits, discrimination at the workplace, and such other issues and needs that arise in connection with employment.

Article 6 (Labour Law)

Without prejudice to the rules provided for under this Law concerning collective Labour disputes, if the employer, the worker or any beneficiary thereof disputes any of the rights provided for any of them under this Law, he shall file an application to the competent Labour Department, which shall summon both parties and take whatever action it deems necessary to settle the dispute amicably. If no such amicable settlement is reached, the said Department shall, within two weeks from the date of application, refer the dispute to the competent court under a memorandum containing a summary of the dispute, the arguments of both parties, and the Department’s comments. The court shall, within three days from date of receiving the application, fix a hearing date and notify the parties accordingly. The court may summon a representative of the Labour Department to explain the content of the memorandum submitted by it. In all cases, no claim for any of the rights provided for in this Law shall be heard if brought to court after the lapse of one year from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with.

We regularly counsel employers about the varying federal and local laws regulating the labour sector of the country and all aspects of labour and employment relations.

Our work further encompasses drafting and reviewing of employment contracts, assisting in disciplinary and termination matters, counselling on dispute resolution mechanism in resolving employees’ grievances and claims, giving counsel on labour implications brought by the acquisition, merger or change of management of a company, and safeguarding intellectual property and trade secrets.

Our lawyers represent clients on labour and employment issues in arbitration, administrative proceedings and litigation.

Wills and Succession

Hire Experienced Wills Lawyer in Dubai | Succession Lawyer in Dubai UAE

When living in the UAE, preparing a last will and testament, understanding succession law and what happens to your money and property when you die is very important. Many people are not aware that the local courts have the ability to apply Sharia where the deceased hasn’t left explicit legal instruction on how to distribute their belongings. This effectively allows someone else to assess your assets and distribute them according to the principles of Sharia law.

Federal Law No. 5 of 1985 – Civil Transactions Code and with reference to Federal Law No. 28 of 2005 are the governing law in UAE that lays down the framework of wills and succession. By virtue of the UAE civil code, it is recognized that inheritance will be governed by the law of the testator at the time of his death. To wit, succession for Muslim is governed by the Shariah, whereas, the non-Muslim is allowed to choose the law of their home country for the adjudication of their wills and estate.

It is important to note that UAE law does not allow the right of survivorship and the UAE courts have exclusive jurisdiction to decide upon such cases. Therefore, if an expatriate dies without a will, the Court will decide on the distribution of assets. Assets of the deceased cannot be transferred in any manner without direction from the court. Even the surviving spouse will not be able to access money deposited in UAE bank in the absence of a registered will, this account will remain frozen under directed by the bank. At the onset, the assets of the deceased will be distributed by the Courts in accordance with Sharia Law.

On the other hand, if the deceased left a will, the heirs and descendant have the right to claim the assets according to Shariah Law for Muslims and for non-Muslims, beneficiaries of the will can claim provided the will is legally certified and complies with the formalities of the documents required under the law.

The following are the unintended consequence of passing away without a will:

• Bank account will be frozen
• Visa of the dependents will be cancelled
• Sharia law may apply to the asses distribution
• Estate of the deceased might not be distributed to your intended legal heirs as per your law in your home country
• Delay in the execution and distribution of the estate will likely to happen

Therefore, it is always advisable to proceed with writing and registering your wills in UAE, as the transfer of estate does not happen automatically in the event of death. The appointed executor will have to file for probate proceeding before UAE court. And once a probate order is decreed, that’s the only time the estate of the testator will be distributed based on the will.

In order to ensure and protect your family and assets, it is highly advisable especially to foreign national to appoint a reputable law firm / lawyer specialized in drafting and registration of wills to make sure all the pertinent legally and requirements are met in order to protect your family and your assets in UAE. The Office of Al Reyami & Muhyealdeen offer assistance for matter relation to consultation, drafting and registrations of wills in UAE.