Legis Vista

Happy Independence Day, India

Be proud of our culture, and embrace our collective history!
Team Legis Vista wishes a very happy Independence Day to all the Indians across the globe.

Happy Independence Day, Pakistan.

A day of immense national pride and unity, is celebrated with great fervor and joy. Team Legis Vista wishes a very happy Independence Day to all the Pakistanis across the globe.

Plan Your Maternity Leave and Know the Rights under Labour Law

A female worker is entitled to a maternity leave of 60 days, out of which:
45 days will be fully-paid leave
15 days will be half-paid leave

A female worker may apply for her maternity leave up to 30 days prior to the expected date of delivery.
In addition to the basic maternity leave above, she may take additional 45 without pay, if she has an illness as a result of pregnancy or child birth, and is unable to resume work. The illness must be proved via a medical certificate issued from the respective medical authority. These leave days can be consecutive or intermittent.
If the baby is sick or suffers from a disability, the female worker may take additional leaves of 30 days fully-paid.

This leave can be extended for additional 30 days without pay. The illness or the disability of the child must be proved via a medical certificate issued from the respective medical authority.

After the female worker resumes work, she is entitled to one or two additional breaks each day for nursing her child. The duration of the two breaks must not exceed one hour. The woman is entitled to such breaks for 6 months following the date of delivery. Such breaks are fully paid for.

For more details, visit www.legisvista.com

What Are the Procedure to be followed for filing of Divorce in UAE?

For UAE residents, the first step to file for a divorce is to register the case by either party at the Family Guidance Section at the respective judicial department, in one of the emirates. A court appointed conciliator will try to reconcile the divorcing parties.

The conciliatory procedure is a mandatory process of the divorce proceedings in the UAE. Parties are allowed to raise their concerns pertaining to the marriage in the absence of their respective legal representatives.

Amicable divorces can be concluded at this stage. Parties will need to draft a settlement based on the parties’ mutual understanding and sign it before the conciliator.

If one of the parties or both of them are determined about the divorce, then the conciliator will provide the claimant with a referral letter, permitting them to proceed before the court to conclude their divorce case.

The letter can be submitted to court at any time within three months from the date of issue. Once in court, the particulars of the divorce case fall at the court's discretion and each party has to provide evidence to support own claims against one another as well as in their own defence.

The UAE law fairly protects the rights of the parties involved taking into consideration the facts of each case on its merit. Our team of family lawyers provide bespoke advise on marital affairs while understanding and working towards the desired outcome of the client within the scope of law.
For more details, visit www.legisvista.com

Do You Have An Internal Employment Agreement with Your Employees?

An employment contract is essential in the UAE for several reasons. It serves as a legally binding agreement between an employer and an employee, outlining the terms and conditions of their working relationship to maintain harmony and discipline in your work environment.

Having a comprehensive and legally compliant employment contract is vital for employers and employees in the UAE. It ensures that both parties are aware of their rights and obligations, and it helps maintain a transparent and smooth employment relationship throughout the duration of employment.

Our team of lawyers at Legis Vista are well versed in dealing with labour matters including providing consultation and drafting agreements to ensure your interests. While providing our services, we are committed to provide effective solutions to your ultimate goals.

For further assistance, visit www.legisvista.com

Book A Consultation Now!!!

Company formation in the Dubai Mainland involves a few simple steps. Here are some significant points you may consider while kick starting your dream business in Dubai.

1. Choose a suitable business activity from the list of activities prescribed in the National Classification of Economic Activities (NCEA) on the Department of Economic Development (DED) website.

2. Choose a legal structure which would include a Limited Liability Company (LLC), Sole Proprietorship, or a Branch of a Foreign Company.

3. Reserve your Tradename by getting an approval from the Department of Economic Development (DED). Ensure that the trade name is unique and suitable for your business.

4. Obtain Initial Approval from the Department of Economic Development (DED).

5. Attest a Memorandum of Association (MoA) with the Notary. The MoA outlines the details of your company, such as its name, purpose, capital, and ownership structure.

6. Obtain approval from external authorities, if required, depending on the nature of the activity. Approval from external authorities such as Dubai Municipality, Dubai Health Authority, and Dubai Civil Defence is a mandatory requirement to complete the company registration process.

7. Office and an Ejari (Lease Agreement) are mandatory pre-requirements for getting a License from the DED.

8. Register your Company and get Trade License.

The process may take 2 to 3 weeks. However, you can make it simpler and more hassle-free if you choose the right Consultant.

Contact Us at 0501152321 for more details or visit our website www.legisvista.com

UNBURDEN YOURSELF NOW!

Is your business growing fast, giving no time to look into your documentation part? Are you thinking of hiring of a lawyer?

Hiring an in-house lawyer can be expensive for you, outsourcing an expert would be a great benefit.

- Drafting/Reviewing the Company’s Agreements
- Offering meaningful advice.
- Examine Company’s legal issues, hassles and provide effective solutions.

Benefits
- You can save salary/visa expenses
- Added credibility
- Time saver, you can focus more on your business

Reach us out to know more about the legal retainer packages, Call Us on 0501152321 or write to us at [email protected].

Visit our website: www.legisvista.com

Brand protection is equally important as brand promotion. The more your brand becomes popular, the more it can be misused by your competitors.

Trademark registration is the best way to protect your brand name from theft, market risks and malpractices.

According to Federal Decree Law No. 36 of 2021 on Trademarks, a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks, if they were used or intended to be used either to distinguish goods, products or services from whatever sources, or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it.

Ministry of Economy is the competent authority to register trademarks in the UAE. Registration documents include:

Trademark logo
A copy of the commercial licence
Power of Attorney
Priority document
Passport copy
Other attachments.

According to the above law, the following persons can register their trademarks:

The UAE citizens and natural and artificial persons practising any commercial, industrial, professional or service business
Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business
Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business in any country on basis of reciprocity.

Other artificial persons.

Want to know more about trademark registration? Contact us and let our experts explain everything you need to know about your intellectual property rights.

Call us on +971501152321 or write to us at [email protected].

Visit our website: www.legisvista.com

Get your idea up and running. - Contact us and let us help you carve the way for you to realize your dreams.

Dubai’s economy is booming, which is why it is a primary target of entrepreneurs to start a company in the United Arab Emirates.

If you’re thinking to relocate an established business or planning to start a new one, Dubai might be the ultimate destination for you, allowing investors to utilize its vast global market reach and flexible business structures.

Get in touch with our experts to get an insight on your big idea and step in the future.

Call us on +971501152321 or write to us at [email protected]

Take your business to the next level and be a part of one of the world's fastest growing economies.

The UAE has always contributed positively towards the business growth by providing innovative and sustainable platforms to the local and international investors.

Get in touch with our advisors to know more about starting up your business in the UAE and benefit from the wide market exposure.

Call us on +971501152321 or write to us at [email protected]

We Legis Vista assist our clients to make their Dream Business come true in the United Arab Emirates with our set-up packages that comes with a mix of benefits.

• Business License
• 100% Ownership
• Company Website
• Company Logo
• Company Stamp
• Business Cards

Fast and simple business setup.

We are here to provide an easy way for starting & running your business.

We’re the for all services that are required for your business.

Call us on +971501152321 or write to us on [email protected]

WE ARE HIRING - BUSINESS DEVELOPMENT EXECUTIVE

Looking for consultants with experience in company formation (mainland & free zones) in the UAE and full awareness of the relevant rules & regulations.

Requirements:

1-2 years of relevant experience in company formation, license amendments.

Knowledge of the market and UAE laws surrounding company incorporation.

Strong interpersonal, communication and problem solving skills.

Fluency in English language.

Interested candidates may send their resumes to: [email protected] I’m . Know anyone who might be interested?

CEO Meet Up - Series 2 arranged by Pakistan Business Council Dubai

The event focused on the growth of businesses in the UAE region followed by a wonderful mentoring session by Mr. Omar Hayat.

Facing a civil dispute? Here is what you can do.

Mediation

Before filing a case, whether it is a civil, labour or personal status, the UAE's court system facilitates mediation through committees, which include:

commercial disputes resolution committees
family guidance committees
settlement and reconciliation committees
rental dispute resolution committees
labour dispute resolution committees.

These committees aim to solve disputes amicably and reduce the burden of judicial fees. If an amicable settlement is not possible, the litigating party can apply for a 'No objection' letter from the relevant mediation committee and submit a statement of claim to the relevant court. Then, the case is filed to be seen by the judge in the respective Court of First Instance.

Filing a lawsuit

Filing lawsuits requires the plaintiff or his/her representative to submit a 'statement of claim' and supporting documents to the Case Management Office in the court or by creating electronic records for such lawsuits. Each defendant is entitled to receive a copy of the plaintiff’s claim.

The statement of claim mainly include:

the plaintiff's and the defendant's personal details and addresses
the subject-matter of the lawsuit
the requests and grounds
the date of submission of the lawsuit to the Case Management Office
the court before which the lawsuit is filed
the signature of the plaintiff or his representative.

If the case is related to nullification, revocation or validation of a contract, a copy of the contract is required.

For the implementation of judgements issued abroad, the UAE's Ministry of Foreign Affairs and International Cooperation should attest the original judgement.

Documents presented to the UAE's courts must be in Arabic; otherwise, it should be translated into Arabic by a legal translator approved by the UAE's Ministry of Justice.

The plaintiff should sign the lawsuit if it is to be submitted by the attorney. After submitting the documents, the plaintiff or the attorney will be asked to pay the court fee based on the type of the case.

After that, the court will give the case a number and a date for the hearing. The clerk, through the court official (the bailiff), will serve a notification on the defendant within 10 days from the date the statement was filed.

The litigant should make sure that the court has the jurisdiction to hear the case according to the provisions of the UAE Civil Procedures law, section 3.

Book a consultation to know more about the law and your legal rights in case of a dispute.

Call us on +971501152321 or write to us at [email protected]

Eid al Adha Mubarak

Dubai’s economy is booming, which is why it is a primary target of entrepreneurs to start a company in the United Arab Emirates.
If you’re thinking to relocate an established business or planning to start a new one, Dubai might be the ultimate destination for you, allowing investors to utilize its vast global market reach and flexible business structures.

Get in touch with our experts to get an insight on your big idea and step in the future.

Call us on +971501152321 or write to us at [email protected]

Thank you Gamal Anwar and Sharjah Media City (Shams) for this kind gesture and we hope to continue working together in bringing more opportunities for individuals and corporations through tailored solutions and high standard services.

According to Federal Law No 28 of 2005 for Personal Affairs, the biological mother of the child is the custodian and the father is the guardian. Custody involves day-to-day care of the child, which is usually granted to the mother without interfering with the right of guardianship awarded to the father.

At all times, the father is responsible for providing for the child financially. He is responsible for providing shelter, expenses for food, medical care, education and other necessities.

Custody and guardianship are two separate issues that must be addressed individually as parents do not share equal responsibilities for a child in the UAE.

The courts always act in the best interests of the child and therefore, unless given reason to believe otherwise, they keep him in the physical custody of the mother, whilst being under the guardian's (father's) supervision.

Article 156 of Federal Law No 28 of 2005 for Personal Affairs provides that a child's custody under the mother ends when their son reaches the age of 11 and when their daughter reaches the age of 13. The father being the guardian can claim the custody thereafter.
As set out in Article 143 and 144 of the law, a custodian must be:

Rational
Mature enough and have attained the age of puberty
Honest
Able to bring up and take care of a child
Free from infectious disease
Not have been sentenced for a crime of 'honour'.

If the custodian is the mother, she must:
Not remarry unless the court decides it's in the best interests of the child
Share the same religion as the child.

If the custodian is the father, he must:
Have a suitable woman living in his home to care for the child (such as a female relative)
Share the same religion as the child.

The mother also has the right to claim the extension of the custody period until their son finishes his education and their daughter gets married. In this case, the mother has to prove that she has been good with the children i.e. through their school performance reports, good medical health history etc.

The father can claim the custody of their son if he feels that their son is becoming too soft in nature by staying with the mother and that he would want him to grow up to be more responsible. In both circumstances, the judge will decide the case.

To know more about the Personal Status Laws of the UAE, get in touch with our legal experts.

Call us on +971501152321 or write to us at [email protected]

According to Federal Decree Law No. 36 of 2021 on Trademarks, a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks, if they were used or intended to be used either to distinguish goods, products or services from whatever sources, or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it.

Ministry of Economy is the competent authority to register trademarks in the UAE. Registration documents include:
Trademark logo
A copy of the commercial licence
Power of Attorney
Priority document
Passport copy
Other attachments.

According to the above law, the following persons can register their trademarks:
The UAE citizens and natural and artificial persons practising any commercial, industrial, professional or service business
Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business
Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business in any country on basis of reciprocity
Other artificial persons.

Want to know more about trademark registration? Contact us and let our experts explain everything you need to know about your intellectual property rights.

Call us on +971501152321 or write to us at [email protected].

We Legis Vista assist our clients to make their Dream Business come true in the United Arab Emirates with our set-up packages that comes with a mix of benefits.

• Business License
• 100% Ownership
• Company Website
• Company Logo
• Company Stamp
• Business Card

Fast and simple business setup.

We are here to provide an easy way for starting & running your business.

We’re the for all services that are required for your business.

Call us on +971501152321 or write to us on [email protected]

DIVORCE IN THE UAE

We have penned down the procedures to follow for filing of a divorce petition in the UAE.

The first step is to register the case by either party at the Family Guidance Section at the respective judicial department, in one of the emirates. A court appointed conciliator will try to reconcile the divorcing parties.

The conciliatory procedure is a mandatory process of the divorce proceedings in the UAE. Parties are allowed to raise their concerns pertaining to the marriage in the absence of their respective legal representatives.

Amicable divorces can be concluded at this stage. Parties will need to draft a settlement based on the parties’ mutual understanding and sign it before the conciliator.

If one of the parties or both of them are determined about the divorce, then the conciliator will provide the claimant with a referral letter, permitting them to proceed before the court to conclude their divorce case.

The letter can be submitted to court at any time within three months from the date of issue. Once in court, the particulars of the divorce case fall at the court's discretion and each party has to provide evidence to support own claims against one another as well as in their own defence.

Filing for divorce can be traumatic and it may take a toll on your wellbeing leaving you vulnerable and may affect your ability to make the best decisions for yourself. Our legal experts will help you make the critical decisions suiting your best interests.

Call us on +971501152321 or write to us at [email protected].

The UAE’s ‘Golden visa’ is a long- term residency visa which enables foreign talents to live and work or study in the UAE while enjoying exclusive benefits which include:
· an entry visa for six months with multiple entries to proceed with residence issuance
· a long term, renewable residence visa valid for 10 years
· a self-sponsored visa, as there is no need for an employment sponsor
· ability to stay outside the UAE for more than the usual restriction of six months in order to keep their residence visa valid
· sponsoring their family members, including spouse and children regardless of their ages
· sponsoring unlimited number of domestic helpers
· allowing family members to stay in the UAE until the end of their permit duration, if the primary holder of the Golden visa passes away.

As part of the new entry and residence scheme, the UAE government has amended the Golden Residence visa. This 10-year renewable visa is granted to
• Investors in public investments
• Real estate investor
• Entrepreneurs
• Executive Directors
• Outstanding Specialized Talents such as (doctors / scientists / creative people of culture and art / inventors / executives / specialists in scientific fields / athletes / doctoral degree holders / specialists in the fields of engineering and science and the following majors include: “epidemiology and viruses / artificial intelligence / big data / Computer engineering, electronics, software, electrical, genetics and biotechnology).

Contact our expert immigration consultants to check your eligibility and know more about Golden visa scheme.

Call us on +971501152321 or write to us [email protected].

Cheque Bounce in UAE – Legal Implications

Despite global advancements in the payment instruments, cheque remains the most widely used mode of payment and is preferred by a vast majority of corporations and individuals. However, it comes with a liability if the cheque is dishonored/bounced due to any reasons and the drawer might have to face the consequences accordingly. There can be numerous instances where a cheque can be bounced and is considered a serious offence as per the laws of the United Arab Emirates.

Article 483 of the UAE Federal Law No. (18) of 1993 Commercial Transactions Law defines a cheque as “a commercial paper containing an order issued by the drawer upon a bank (the drawee) to pay in the date indicated therein, as being the date of issue, a specifying sum of money to the order of a third person being the beneficiary or the payee.”

The UAE laws considers cheque as a critical payment instrument and can invite serious consequences both civil and criminal, if bounced due to any reason. Among various reasons, some of the major reasons due to which a cheque can be bounced/dishonored are listed below:

1. Insufficient funds in the bank account of the drawer.
2. False/fake signature on the cheque regardless of intention.
3. On receipt of order by the Bank from Drawer to refrain from the payment.
4. Closure of bank account before encashment of the cheque.
However, on 27th September 2020, His Highness Sheikh Khalifa Bin Zayed Al Nahyan, President of United Arab Emirates, issued a new Federal Decree No. 14/2020 (the “Decree”) and the provisions of Article 401, 402 & 403 have been amended by virtue of Article 1 of Federal Law No. 34 dated 24-12-2005, they have been abrogated by virtue of Article 3 of Federal Decree Law No. (14) of 2020 dated 27-09-2020. The latest amendments in the above-mentioned laws have introduced new dimensions towards the implications, consequences and classification of civil and criminal acts in lieu of bounced cheques. A bounced cheque had been considered a criminal offence regardless of the reason, which has now been amended.

As per the Article 641 of the Federal Decree Law No. (14) of 2020 amending certain provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transaction Law, whoever commits any of the acts bellow shall be subject to a penalty of no less than 10% of the cheque value, subject to the minimum of AED 5,000 (AED Five Thousand), and no more than twice the cheque value:
1. Declaring deliberately and contrary to the truth that no fund for payment of the cheque value is available or that the fund available is less than the cheque value.
2. Rejecting in bad faith the payment of a cheque drawn on the bank where the fund is available to a bearer to whom a valid protest has not been made.
3. Refusing to write the statement provided for in Article (632) of this Law.
4. Rejecting partial payment of the cheque value, issuing a certificate to this effect, or giving back the original of the cheque as per the provisions stipulated in (2) of Article (617) of this law.

A bounced cheque will constitute a criminal offence in the below-mentioned instances and as stated in the Article (641) Bis (2) of the Federal Decree Law No. 14 of 2020, “Whoever commits any of the acts bellow shall be subject to the punishment of imprisonment for no less than six months and no more than two years in addition to a penalty of no less than 10% of the cheque value, subject to the minimum of AED 5,000 (AED Five Thousand) and no more than twice the cheque value, or any of the two punishments:
1. Ordering or asking the drawee, prior to due date, not to pay the value of a cheque he has issued, with the exception of the cases provided for in Articles (620) and (625) of this Law.
2. Closing the account or withdrawing all available fund therein before issuing the cheque or before presenting the cheque for payment or if the account has been frozen.
3. Deliberately writing or signing the cheque in a way that make it unpayable.
Penalty shall double in case of repetition.”

The bearer of the cheque shall now have the option to demand partial payment from the relevant bank if the cheque has been bounced due to unavailable or insufficient balance in accordance with newly introduced Article 635 Bis in the Federal Decree Law No. 14 of 2020. The bearer can also file a civil suit against the bounced cheque after obtaining a cheque return memo from the bank.

For inquiries related to bounced cheques, kindly contact us at +971 50 115 2321 or write an email on [email protected].

Disclaimer: The above is solely our opinion on the newly introduced Decree and does not constitute a legal opinion in any way whatsoever.

“In business, by the time you realize you are in trouble, it is too late to save yourself...!” - Bill Gates, Co-Founder Microsoft.

Signing a contract is essential before starting any commercial dealing or relation including trading, employment, buying and selling of properties or any other substantial matter. The origin of contracts has deep rooted ties with trust issues, especially when it comes to business. The prime objective of a contract is to make it legally enforceable in case of breach of terms by either party. Even if you are a vigilant and wise businessman, it is not uncommon to have a situation where people just sign an important contract without even reading the whole content, only to face consequences on a later stage. The process of contract drafting/vetting requires a fair approach with due diligence and a thorough knowledge of the law. To avoid these side circumstances, it is always advisable to consult with an attorney before signing any contract to ensure that your interests are legally protected.

Contact us today and let our experts steer you in the right direction in the light of prevailing laws of the UAE so that you don't have to face unfavorable situations.

Call us on +971501152321 or write to us on [email protected].