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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Civil case

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Civil case
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Civil case can be filed on partner in LLC company?

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Kindly, could you clarify your question in details so we could help you better with pleasure.

 

الرد من العميل

How a partner in an LLC company can be in trouble In event of any chq bounce civil case followed by criminal case in the past

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If the partner is in LLC company, then he will bear the damage according to his capital share in the company as it is one of the financial companies. 
 

الرد من العميل

Its really unclear Beg your pardon..I've invested like 400k Still company in loss as per my managing director He distributed chqs like candy and he signed all the chqs without my consent Who is responsible? Do I have to share losses , I didn't receive any profit since company started.Can I have a meeting with you so I discuss all issues and story with you?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The liability of the partners in the company is limited only in the debts of the company by the amount of the share of each partner from the capital.  No partner is asked about the company's debts, obligations, or losses except within the limits of his share in the company's capital.  This means that if the partner pays the amount of his share in the company’s capital, then his responsibility is limited  to this share and does not exceed it.  If debts of a limited liability company result in debts or losses exceeding its capital, and it is unable to pay its debts or make reparation for its loss, and the bankruptcy is announced, the creditors only have the right to claim the company to fulfill its obligations, and if it fails to do so because it has become a defunct company, the company's creditors may not refer to the private funds of the partners to fulfill their rights, but they are entitled to execute the company's assets and divide them among them.  This means that the creditors’ claim to one of the partners in his private fund is not binding, as this feature is considered from the public system and any agreement stipulating its violation is void.
 

الرد من العميل

Can we have a meeting

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that the legal section at Jawabkom website is specialized in providing online legal consultations according to the laws and away from what have been mentioned in your inquiry.

الرد من العميل

Ok then But I didn't get my doubt clear. I'll put it simpleMy partner who is also a managing director in the memorandum of the association Signed chqs without my consent Can I face legal trouble Criminal case will be on the person who signed Will civil case be on any of the partner ( I mean me ) ??? That is a very important question Please if you can reply

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

First of all, if your partner signed a cheque with the company's name and he was authorized to sign without taking permit from you, then if there is responsibility then you will bear according to your share\contribution in the company. 
Secondly, if the partner issued the cheque with hie personal name then he is the only one who will bear responsibility. 
 
 

الرد من العميل

Dear moath, Will civil case be on me ?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

As long as a partner is in the event of civil and criminal liability, if the check was issued in the name of the company, the lawsuit will be filed against the company and you will bear part of the damage in proportion to your contribution to the company.

الرد من العميل

How come I spent all my fortune on the company The managing director messed up all And I'm still liable for his mistakes What should I do to safeguard myself 1 thing I forgot to mention Company is LLC

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The only legal way in front of you is to file a lawsuit against the judge against this partner, as it has done harm to the company and requires him to compensate the losses, as he is responsible for this damage according to Article (84) of the Companies Law, which stipulates:
1. Each manager of the company with limited liability towards the company, the partners and others shall be responsible for any fraudulent acts he undertakes, and he shall be obligated to compensate the company for any losses or expenses incurred by him due to the misuse of the authority or violation of the provisions of any law in force Or the company's founding contract, appointment contract, or gross error on the part of the manager, and any text in the founding contract or the manager’s appointment contract that conflicts with the provisions of this clause is this clause.
2. Subject to the provisions of the limited liability company in accordance with this law, the provisions of the members of the board of directors of joint stock companies shall apply to the directors of limited liability companies.

الرد من العميل

Kindly recommend something I've got a very strong proof recently I've seen my partner ( who's also MD) He transfers payment from our payment gateway ( as we have an e commerce business) to his personal account and when I asked him he's saying petty cash I use I've already spoken to 1 lawyer and he told company expenses should be operated from company account And it's illegal to transfer money from company to personal account without any authorization and consent from partner And he does it daily Beside this he never gave an audit report, it's also mentioned in memorandum that he is supposed to give it every year.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

What your partner does is a violation of the independence’s company liability or from the liability of the partners in it, and it is clear that he takes this matter as a cover for his actions and behaviors in violation of the company contract, which would harm his partners or creditors, as long as they involve fraud or huge mistake is serious and it is based on two things:
1) In this case, this partner is liable in his personal capacity for these actions, and he may be claimed in his own funds.
2) A complaint can be lodged against the company to revoke the company's contract with the Ministry of Industry and Trade or the judiciary.
 

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

What your partner does is a violation of the independence’s company liability or from the liability of the partners in it, and it is clear that he takes this matter as a cover for his actions and behaviors in violation of the company contract, which would harm his partners or creditors, as long as they involve fraud or huge mistake is serious and it is based on two things:
1) In this case, this partner is liable in his personal capacity for these actions, and he may be claimed in his own funds.
2) A complaint can be lodged against the company to revoke the company's contract with the Ministry of Industry and Trade or the judiciary.
 

الرد من العميل

Dear moath samer,He had no authority to transfer funds from company to personal. He had no ones approval Can this be considered cheating???

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

What your partner does is a violation of the independence’s company liability or from the liability of the partners in it, and it is clear that he takes this matter as a cover for his actions and behaviors in violation of the company contract, which would harm his partners or creditors, as long as they involve fraud or huge mistake is serious and it is based on two things:
1) In this case, this partner is liable in his personal capacity for these actions, and he may be claimed in his own funds.
2) A complaint can be lodged against the company to revoke the company's contract with the Ministry of Industry and Trade or the judiciary.
 We would like to inform you that the partner’s behavior in this way is considered fraud and his behavior harms the partners for that, as I advised you before you file a complaint against him.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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