How are investments safeguarded in the UAE if your name is not specified on the trade license?

A reader asks which legal protection does one have as an investor.

Question: I have invested in a company in mainland Umm Al Quwain, but my name is not mentioned on the trade licence. What kind of legal protection do I have as an investor?

Response: Pursuant to your query, it is assumed that you are an expatriate who has invested in a limited liability company (the ‘LLC’) based in the mainland of Umm Al Quwain. Therefore, the provisions of Federal Law No. 5 of 1985 on the Civil Transactions Law of the United Arab Emirates (the ‘Civil Transactions Law of UAE’) are applicable.

As your name is not included as a shareholder in the LLC, it is recommended you enter into an investment agreement with the company. The agreement shall include details of your investment, including your entitlement of profit and repayment. Further, you may obtain security cheque(s) from the LLC against your investment and include the details of the same in the agreement.

In the event the LLC defaults on paying you the profits or fail to refund the investment amount on your request, you may consider filing a payment order case in Umm Al Quwain (as the LLC is located in Umm Al Quwain). Further, you may also consider filing a civil case against the LLC in a court in Umm Al Quwain which has jurisdiction to hear the matter in accordance with Article 272 of the Civil Transactions Law of UAE. In order to further protect your investment and subject to the consent of the shareholders of the LLC, you may consider becoming a shareholder of the LLC.

For further clarifications on this matter, it is advised to obtain detailed legal opinion from a practitioner based in the UAE.

News Source: Khaleej Times