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What people are asking Sunil Thacker...
1. Mr Saken Q: Dear Sunil, I have bought residential flats in Dubai and the promised delivery date was in 2009 however the construction works are still in place. The contract does not state exact date of completion, however says 24 months after the permission given for them to build. Also it states that they could delay for 12 months without paying any fees. But now it is 2013, I stopped paying the instalments. I want to know will I be paying fees which they charge for late payment? I have paid 50% for 4 flats, is it possible to reduce number of flats to 2. So that I do not need to pay anything anymore. I want to know my chances if I will be disputing my case to court. I am not living in Dubai so it is hard to find anyone here who knows UAE rules. Thanks in Advance. A : Dear Mr. Saken, I note the contents of your message. Whilst we are not conversant with facts and have not reviewed the agreements, there is possibility to enter into an addendum for the properties and accordingly agree to the purchase price of four units to be adjusted towards 2 units. However, this is practically not viable unless such understanding is agreed upon through the order of a competent court. It is advisable that you obtain a proper legal consultation to understand the legal position and way forward. Thank you.

2. commercial debts Q: Dear Sirs, We are an LLC company based in Abu Dhabi, and we are struggling with some financial problems as many companies are due to the financial crises the country encountered. At the moment I am in the USA and will be returning to UAE by mid of February. Some of our suppliers are threatening that they will file criminal cases at court due to our debts. My question is can they file a criminal case due to commercial debts and would this effect me personally since I am a partner and the general manager of the company. Your response will be highly appreciated, I will be visiting your offices once I get back to the UAE. Best regards George A : We recommend that you endeavor to settle the matter by recording a settlement agreement which can provide for restructuring your debts. In the settlement agreement, it is important to include a clause on indemnity setting out that the other party or parties shall not institute criminal action against you and/or your firm until or for a mutually agreed period. The settlement process can be achieved either by your personal involvement or through your appointed attorneys. In order to advice on criminal implications, it is necessary that you provide all possible details so that you get clear advice on the foregoing. Thank you

3. Mr Q: Dear Sir, Please let me know following: can a expatriate child of 20 years age be a joint holder in a free hold property as per UAE law ? Regards, Shahzad A : Yes, as long as the person has attained the age of 18, is of sound mind and capable of entering in to a legal contract as per section 2(3) of the UAE Civil Code, his name can be included as a joint owner. Sunil Thacker

4. New business at JAFZA Q: Hello, We are a South Africa based company. We manufacture certain industrial products and export them to Middle East, Europe and Asia. We would like to set up a company in Jebel Ali Free Zone Authority (JAFZA). We know that we can export goods to other countries but we would like to know whether we can distribute the goods in UAE local market. Please share your thoughts. A : JAFZA free zone establishment and other form of entities are regulated by the Implementing Regulations number 1 of 1992 issued pursuant to Law number 9 of 1992. Whilst Regulation number 1 does not expressly forbid any company from carrying out business outside the jurisdiction of the free-zone, Article (4) of the Decree for the establishment of the Free Zone Authority in Jebel Ali Port 1985 clarifies that JAFZA is empowered to issued licenses only to companies wishing to operate in the free zone.

5. DIFC Courts Q: Dear Mr. Thacker, We are a fianancial institution from Canada (we are also based in DIFC and out of DIFC) and have previously asked you a question on DIFC Courts. We understand that matters outside of DIFC are also now allowed to be filed before the DIFC Courts. Could you please confirm and provide some details. Thank you very much in advance. A : Yes, DIFC Court's jurisdiction has widened and is now open to entities based outside of the DIFC provided however that that the parties have entered into a written contract (prior to or; after the dispute takes place) expressly agreeing to refer the dispute to DIFC Courts, this being consensual agreement). Please visit this link http://bit.ly/wvnoJw to read more on this. Sunil Thacker Tags: DIFC Court Jurisdiction, DIFC

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