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Expert in the field of legal
 
Sunil Thacker
General Counsel
Legal/Law
LL.B. LL.M. (U.K.), ILEC(Cambridge)
 
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Attorney with over eight years of experience in International Jurisdictions



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What people are asking Sunil Thacker...
1. Partnership Agreement in Dubai or UAE Law
Q: We are four expatriate partners (UK citizens) and would like to cement our relationship by signing partnership deed between ourselves. We approached the Dubai notary office in this regard and they informed us that such agreement cannot be nor notarized. How secure are we?
A : Your companys constitutive documents - namely, the memorandum and articles of association bearing names of all partners, their profit/loss share, rights and obligations can be notarized before the notary office. Any amendment to the constitutive documents can also be notarized. your query does not provide information as to type of company you own. You may consider signing a shareholders agreement or partnership agreement; however, it is important that you approach a law firm in Dubai and obtain necessary legal advice in this regard. Sunil Thacker
2. Rental Dispute in Dubai
Q: I own a few properties in Dubai. I have decided to rent out almost all (except one) these properties to expatriates. These properties were never occupied and are well-maintained. I would like to know the risks of involving myself in to any sort of rental dispute in future. Also, I would like to know what steps and precautions should I take? Thank you. Aslam
A : Ideally, you should approach a qualified law firm in Dubai and obtain their legal advice as these matters require detailed legal consideration. It is important that your attorney drafts a tenancy contract and incorporates all clauses necessary to safeguard your interest. For instance, term of lease, refusal to sub-lease, notice period for termination, maintenance and service charges to be incurred by one of the parties, maintenance and improvements to the property, your right as landlord to inspect the property at reasonable times, and other matters as may be mutually agreed between the parties. Pursuant to the provisions contained in Dubai Tenancy Law (Law 26 of 2007 relating and applicable to Tenant and Landlord relationship in Dubai), tenants cannot sub-lease the property without the prior written approval of the landlord. It is also important that you register your tenancy contract and clearly agree on terms of termination of lease. Sunil Thacker
3. Buying Property in Dubai
Q: Me and my husband are in process of buying a property in Dubai. Besides appointing services of a lawyer, we would like to know what is the most important thing we should consider? Our question is aimed at understanding what steps should we take before we hire a solicitor or attorney in Dubai?
A : In matters relating to property purchase, we normally recommend that parties consider appointing snag and inspect company to carry out snagging works. These companies carry out a detailed snagging and inspection of works, finishes, layouts, internal and external building works, measuring the Property, carrying out electrical and mechanical checks for cracks, installations, checks for carbon monoxide gas using multi gas detectors, and mould, using infrared, moisture meters and visual inspection, paint, glass, doors, etc. A report issued by snag and inspect company should be forwarded to your attorney for their review and consideration. Sunil Thacker
4. Jatin Jain
Q: I have read your recent article on Company formation in Dubai. I would like to obtain more details. Thank you.
A : Please visit our website (http://ama.ae/#Publications) to obtain our UAE company formation pack. Thanks. Sunil Thacker
5. Visa stamped without my signature
Q: I am under the sponsorship of my Wife. MY visa was processed without me filling any forms and neither did I sign on any forms. Can a visa be stamped in ones passport without his consent and his signature?
A : Since you stand in marital relationship with your wife, it is possible for her to process your visa on your behalf. However, it will be required for you to be present physically for a medical test- a requirement for finalization of the visa process.
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