Legal Consultant
The Co-Manager of the LLC does not ask for its debt unless he commits a mistake as referred to in Articles 82, 84 of the Companies Act No. 2 of 2015.
Yes, through two ways: The first way through the civil courts, and the requirement to write off its commercial flags with compensation and the other way: Criminal against the person who assaulted his or her science and name.
Article 26 of the Trade Marking Law stipulates that it isn’t allow to register a business trade mark which may be registered in identical or similar to a previously registered trade mark on the same products or services or on products or services that are not similar , if the purpose of using the registered trade mark would create an impression of linking them with the products or with The services of the registered owner of the registered trade license or the possibility of harming his interests ..
The law allows to claim to stop of infringement of that person on the trade mark and the trade name and to rule out, revoke the restriction and registration of its trade mark and prevent from using its trade again, and to compensate for the damage you have suffered.
This act constitutes an offense which is a violation of trade license, in accordance with the provisions of article 37 of 1992, amended by article No. 8 of 2002
The article stipulates that the penalty shall be imprisonment and a fine penalty not less than five thousand dirhams or one of these two penalties.
1-Anyone who has forgery the trade license and it has been register accordance to the law or Imitate it in a way that calls for misleading the public, whether regarding the goods and services distinguished by the original mark or those similar to it, and whoever uses a forged or imitated trademark with knowledge of that.
2-Whoever puts a trademark in bad faith on his products registered for another, or uses that mark unlawfully.
3- Whoever sells or offers for sale or exchange, or possesses for the purpose of selling products bearing a forged or counterfeit trademark or unlawfully placed with knowledge of that.
Article No. 301 of Federal Law No. 2 of 2015 regarding commercial companies – it has been stipulated that (1) if the losses of the limited liability company amount to half of the capital, the managers must present to the general assembly of the partners the order to dissolve the company, and for the issuance of the dissolution decision a majority Necessary to amend the company contract.
(2) If the loss reaches three quarters of the capital, the partners in possession of a quarter of the capital may request dissolution – and then the rule of this article does not extend to the case in which all the company’s capital perishes, as the dissolution of the company in this last case is subject to the text of the article 295 of the same above-mentioned law that mentioned the rules for dissolving companies in general, including the case of the loss of all or most of the company’s funds if it is not possible to invest the rest of a meaningful investment which was dealt with in the text of the third paragraph of that article, and it is decided that the company will end with the loss of all of its funds or the largest part From them so that there is no benefit left from the continuation of the company and so that its survival is a useless matter due to the end of the purpose for which the company was established and the end of the reason for its existence.
1-Filing a claim against the company and the partner manager in the limited liability company if it is proven that he obtained property that he possesses in a credit capacity, profits or benefit through the company’s business and for fraud and serious error. Articles 82, 84 BC Commercial Companies No. 2 of 2015
2- Articles (645), (647), (650/1), (801) and (802/1) of the Commercial Transactions Law stipulated that while the creditor of the Limited Liability Company may request the court to declare its bankruptcy if it stops paying A commercial debt owed to him by her on the due date as a result of the turmoil of her financial position and the instability of her credit
3- Article 84 of the Companies Law No. 2 of 2015 stipulates that the director of the limited liability company shall ask the company, the partners and third parties for any acts of fraud that he undertakes, and he shall also be obligated to compensate the company for any losses or expenses incurred by it due to a mistake on the part of the manager.
The law specified a way according to which the performance order is issued in one day
If the following three conditions are met:
If all that is claimed is a fixed debt, in writing according to a document signed by the debtor
And that this debt is not added to a term or suspended on a condition
And to be a certain amount
When the performance order is issued by the competent judge, the convicted person shall be notified, and then the execution shall be carried out on the money and property of the debtor.
The debtor may appeal the performance order issued against him in accordance with the rules, procedures and deadlines set for the appeal of judgments.
Bankruptcy Law No. 9 of 2016 and Federal Law No. 23 of 2019 do not apply to natural persons, but only to companies defined by law, and include the following:
1. Companies subject to the provisions of the Commercial Companies Law.
2.Companies that have not been established in accordance with the Commercial Companies Law and are wholly or partly owned by the federal or local government and whose establishment legislation, constituent contracts or statutes stipulate that they are subject to the provisions of this Decree-Law.
3. Companies and establishments in the free zones that are not subject to special provisions regulating the procedures for preventive bankruptcy or restructuring and bankruptcy in them, taking into account the provisions of Federal Law No. (8) of 2004 in the matter of financial free zones.
4-Any person enjoying the status of merchant in accordance with the provisions of the law.
5- Licensed civil companies of a professional nature