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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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Hi, I have a Umm Al Quwain Free Zone company since...
Hi, I have a Umm Al Quwain Free Zone company since 2016, license expired in July 2020 and I didn't renew it. I am trying to cancel license and my visa but UAQ authority isn't allowing because one of the shareholders isn't reachable and hence can't sign the dissolution resolution. He has been unreachable and outside the UAE for over 6 months. What to do?
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that if the partner is outside the country and it is difficult to reach him, then the dissolution of the company will not take place except according to a court ruling so that you may file a lawsuit through which you request the dissolution of the company and indicate in the lawsuit that the partner is not committed to the establishment contract and after proving this, the court will issue a decision to dissolve the company.
Article 298 of Commercial companies Federal Law:
1- The Court may rule to dissolve any Joint Liability Company or Simple Commandite Company on demand by a partner if the Court finds serious reasons to justify such dissolution. The Court may also rule to dissolve the company on demand of a partner due to the failure by a partner to perform his undertakings.
2- If the reasons justifying the dissolution arise from acts of a partner, the Court may rule to exit him from the company. In such event, the company shall continue as between the other partners and shall deduct the share of the partner upon its assessment in accordance with the last inventory or by any means that the Court may determine to follow.
3- Any condition to deprive a partner from using the right to dissolve a company by the Court shall be deemed void ab initio.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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