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Создан: 28.11.2018
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New Regulations For Bounced Cheques In Dubai

Вторник, 09 Июля 2019 г. 20:48 + в цитатник

Since cheque bounce in UAE is a criminal offence and registering a complaint against the cheque writer allow a travel ban with arrest warrant, drawer of bounced check cannot leave UAE nor can enter if already left until settlements. These courts have been built up in the Emirates of Abu Dhabi, Dubai and Ras Al Khaimah and seem to have been effective in altogether reducing the heap on the Criminal Courts which will have the effect of enabling those increasingly serious offences to move along.
In November, a senior banking official said lenders in the emirate are working together to try to stem the number of small business owners fleeing the country with unpaid debt, a trend which had allegedly reached around AED5 billion ($1.4 billion) by that point.





Our cheque bounce lawyers in Dubai have the experience with cheque bounce cases necessary to efficiently and smoothly handle cheque bounce cases, carry out arbitration & representation, process all the legal paperwork & necessities, and ensure the most cost-effective results in UAE.
The new Federal Bankruptcy Law (Federal Decree Law No. 9 of 2016) provided some relief by providing a modernised restructuring and insolvency framework, and allowing for a stay of criminal proceedings relating to bounced cheques which were issued prior to the commencement of a scheme of composition or restructure.

Such detention is for a period not less than one month and not more than three years, while the fine is for an amount not less than AED 1,000 and not more than AED 300,000 (fines are payable to the Court Treasury and not to the beneficiary of the bounced cheque).
It is not difficult to see the reasoning behind this taking into account the majority of cheques for an amount of AED 200,000 or less would typically be personal cheques (for rent for example) or cheques drawn by Small and Medium Enterprises (SMEs) for small business transactions where a more limited penalty can be said to be suited to the crime taking into account the value.

Article 83 provides that a red notice may be published provided: (i) the offence concerned is a serious ordinary-law crime; (ii) the offence carries a sentence of at least two years imprisonment (if the person sought is wanted for prosecution) or the person wanted has been sentenced to at least six months imprisonment; and (iii) the request for publication of a red notice is of interest for the purposes of international police co-operation.
The criminal case shall terminate if payment was made or assignment was established after commitment of the offence and before a final judgment was passed in respect thereof, and if such occurred after the judgment became final, it would stop execution.

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