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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

We had a company with head office in RAK and...

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We had a company with head office in RAK and branch in Dubai. The company is not in operation for 2years in Rak and the LLC company has been dissolved.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Uae
Lawyer's Assistant: Has anything been filed or reported?
Criminal case was 2 years back for which fines were paid
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Now the company has been deregistered by putting notice for 21 days. Can the bank now file civil case

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الرد من العميل

Can a LLC company where patnership has been dissolved and company cancelled in economic department and immigration have a bank file civil case against company loan

الرد من العميل

Please reply in English

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, in the event the company is dissolved, a civil lawsuit can be filed and the value of the loan requested by the bank. The bank can also present security checks in this case and then present it to the Public Prosecution through a criminal complaint epecially since the law considers it an offense to issue a check without balance, and that the procedures should be followed by the Public Prosecution regarding the investigation of the source of the check, its arrest, the imposition of a penalty against it, and the obligation to pay its value as stipulated in Article (401)
Article (401)
Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable. Note that the penalty will be prison for a year.
*******With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
*****Note that the payment of the fine on the check does not mean your acquittal, but it is for the owner of the cheque to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty

الرد من العميل

Criminal face was done in 2018 and fine was already paid. Now after the company closed can a civil case be filed against a company loan

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, it is possible to file a lawsuit, claim, and pay the fine. This does not mean clearance of discharge and the bank can refer to the borrower even if the company is closed

الرد من العميل

The company is dissolved now and it was a company loan

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

It is possible to refer by the bank to the representative of the company or its owner before closing it in the personal name and not the job and his claim Thank you

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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