Gulflex Barristers

11/05/2023

https://gulf-lex.com/blog/notarization-in-uae/

Notarization has a crucial role on proving legality and validity of documents even though a signature there in a document

12/01/2022

Decriminalization of cheque bounce in UAE: Granting more security?

Did your cheque get bounced?

Don't panic, recently UAE has made an amendment to the Commercial Transactional Law that decriminalizes cases related to bounced cheques. Kindly read our article below and see how it's going to be a game-changer in the near future.
Decriminalization of cheque bounce in UAE: Granting more security?
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The Year 2020, generally known as the year of pandemic. The world witnessed the uncertainty which is unprecedented in the history of humankind. Though the world has survived and managed multiple epidemic situations in the past, still Covid-19 stands unique in its way and its impact caused to humanity at large. However, the nation-states have managed the time-to-time emergency situations of this virus and its variants.

For us and the United Arab Emirates – UAE, it is a year of Historic EXPO 2020, though it was moved to 2021 due to the pandemic situation and successfully attracting the world by the grace of almighty under the visionary leadership of this Arab federation. We have also witnessed a sweeping legal reform in this period including the changes in the cheque bounce and its legal impacts which came to effect by this January.

Cheque bounces were termed as Cheque fraud offenses punishable under Art. 401 of UAE penal code, whereby the registration of case will attract the automatic arrest warrant and travel ban for the issuer and signatory. The cases were decided with the penalty of imprisonment or fine depending upon the value of the cheque at the discretion of the presiding judge. There was time to time an executive decree assigning the misdemeanor offenses for the consideration of the prosecutor at the emirates level. At the end of the day, the drawee had to approach the civil court for the realization of dischargeable debt through the appropriate procedure.

There was a huge outcry from the business community to decriminalize the cheque offenses on multiple grounds. In this context, the government brought federal Decree no. 14/2020 amending and adding articles to the commercial transactions law no.18 of 1983. Most of the amendments primarily refer to the cheque rules. Art. 3 of the federal decree no.14/2020 abolished the Articles (401), (402), and (403) of the Federal Law No. (3) of 1987. But the federal decree also added certain actions of the drawer with criminal implications under Art. 641(1), (2), and (3) of the commercial transactions code. Those actions are fraudulent in nature and shall make men's rea of the drawer from the actus reus. Therefore, the legislative intent is justifiable from the safe jurisprudential approach.

Reading together the other provisions of the Federal Decree No. 14/2020 and commercial transactions code enable the beneficiary of the cheque to receive the partial payment depending upon the available fund in the account without any approval from the account holder. The beneficiary can proceed with ex*****on proceeding with the support of a certificate from the bank under federal civil procedure code no. 11 of 1992 for realizing the amount. This means the civil ex*****on can be directly sought including the travel ban and seizure of assets without civil or commercial case proceedings.

In conclusion, it can be said that the changes brought by the new federal decree shall boost the business confidence and promote the corporate’s trust to deal with cheques in UAE

30/07/2021

Be inventive, creative and innovative
Get connected for IP strategy with us , when you are seeding your business from the root level.
Buzz us 🐝: +971 54 592 2150
Website: www.gulf-lex.com
email us : [email protected]

30/07/2021

It's the weekend so listing few movies based on IPR Strategies:-
There are few movies that are oriented towards the intellectual property rights-related theme and story cast, one among them is "JOY", to learn from this movie is to educate yourself and make a strong agreement between the parties before declaring to the public knowledge.
-Flash of Genius: - Tells us don’t be too trusting
-The Spanish Prisoner & The Man in the White Suit: - Says how to protect your invention and innovation and make it limited to you (the creator)
-The Social Network: - We can learn that it is always advisable to keep your contracts (NDA) tight.
Many of the problems faced by the main lead in the above movies can be avoided by getting help from your . Our advisory team at GULF-LEX can assist you with your in order to create in line with your overall business plan.

29/07/2021

Non-traditional Trademarks
1. Motion service mark consists of the movement of a certain object. E.g.:- a film clip, video, or a moving logo
2. Sound service mark can be a small part of an entire part of a musical piece. an e.g.:-the roar of the MGM’s Lion Leo, Yahoo yodel
3. Scent or smell mark - the smell must not result from nature.
4. Taste marks
5. Touch or Texture Marks
6. Control and Inception Mark
Trademarks are powerful tools for creating valuable impacts on the market.

If you need assistance with setting up your business or help with registering a Trademark GULF-LEX ASSOCIATES can assist you on the same matter as we have an experienced team of experts who can understand your query and make your long term Intellectual Property Strategy so that you concentrate on your business development instead of spending your time on protecting your creation.

29/07/2021

A is essentially a characteristic of your brand. In the UAE, Trademark protection is afforded under Federal Law No. 37 of 1992 as amended (UAE Trademark Law). The trademark is all that comprises a distinctive form, names, words, signatures, letters, symbols, figures, addresses, hallmarks, drawings, pictures, inscriptions, packaging, photo elements, shapes, color, collection, a mixture of all of that, any sign or a group of signs that are visually conceivable. The sound may be regarded as a part of the Trademark Registration in the UAE.
We are just a text away, feel free to Buzz us on +971 54 592 2150
Website: www.gulf-lex.com
email us: [email protected]

29/07/2021

Every day we get inquiries like "Can I, go ahead with patenting my and about to launch a mobile application soonest by this week, but really scared about others using the idea behind the whole system ??”
Yes!! Yes!! Certainly, you can file for the protection but first of all, for patenting the mobile app, make sure that they catch the eye and must be unique & better to the already existing apps.

Better call us on +971 54 592 2150
Website: www.gulf-lex.com
email us: [email protected]