Professional Documents
Culture Documents
Liability in U.A.E.
“…whenever the shareholder abuses [corporate] limitation and uses it as a tool or
a cover to his actions which violate the company MOA resulting in losses to the
other shareholders and the creditors as long as his actions included fraud and
major mistakes. In such situation the limitation of the liability does not apply and
the shareholder will be personally liable (by his personal assets) for his actions.”
“An LLC shareholder is [personally] liable [when] he guarantees to the creditors the
satisfaction of the obligations.”
“…a shareholder embezzling the companies’ monies is punishable whenever he
transacts over such monies, as if he is the owner, despite knowing that he only has
access to these monies although they are not within his ownership.”
“…an LLC manager is liable to compensate loses, to shareholders and company and
third parties, resulting from his mistakes and negligence and from his fraud and
power abuse and every breach of law or the company’s rules.”
“Importing, selling or marketing counterfeit products while knowing so is
considered a criminal act.”
Core Principles of Criminal Liability in Corporate World
Relevant Laws and Regulations
Affected Corporate Roles and Positions
Circumstances Giving Rise to Liability
Court Process
Settlement of Criminal Claims
Case Studies
DIRECT CRIMINAL LIABILITY INDIRECT CRIMINAL LIABILITY
Penal Code – Law No.3 of 1987 Commercial Companies – Law
Immigration – Law No. 6/1973 + No. 8/1984
Resolution No. 360/1997
Adulteration & Fraud in Commercial Dubai Rent – Law No. 26/2007
Transactions – Law No. 4/1979 + Law No. 33/2008
Money Laundering – Law No. 4/2002 Employment – Law No. 8/1980
Cyber Crimes – Decree No. 5/2012
Media Law – Law No. 15/1980 Civil Procedure – Law No.
Intellectual Property Law 11/1992
Patent, Law 17/2002
Trademark Law, 37 1992
Medical Practice – Law No. 7/1975
Counter Fictitious Commercial
Activities – Law No. 17/2004
HPL Yamalova & Plewka DMCC 6
Affected Corporate Roles and Positions
General Manager/Managing Director
Shareholders
“Nominal” Shareholders
Silent Shareholder
Finance Manager
Accountant
Fiduciary
Manager
Human Resources
Financial challenges Bankruptcy/liquidation
Sale of company Failure to perform obligations
Sale of assets Bounced cheque
Corporate restructuring Change of management
Accident Inspection
Breach of law Transfer of funds from
Breach of contract company’s account
Breach of trust Unsubstantiated monetary
Claims against company or transactions
employees
Police
Prosecution
Judgment Judgment
Jail
Jumeirah Lakes Towers
Reef Tower, Suite 1806
Cluster O
Dubai, U.A.E.
O: +971 4 427 9812
info@lyhplaw.com
www.lyhplaw.com