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Manager of LLC liable for issuing bounced cheque

Tarik Nassar represents Ja’afar Alwan, Al Jaziri & Associates Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to ‘Legal View’, Khaleej Times, P.O Box 11243, Dubai.

Q1) I work as general manager in a limited liability company here. I am authorised — as part of my managing capacity on behalf of the company — to make out and sign cheques for clients. I would like to know if I would be held responsible for any of the cheques I issue in the name of the company that prove to be uncovered.

A1) As a general rule, a limited liability company acquires corporate identity and financial solvency independent to those of involved partners upon establishment.

Nonetheless, a jail term or fine may be imposed on any manager who is proved to have issued a dud cheque, for the fact that he is considered a representative of the LL Company (LLC) he works with, as per Article 65 of the Federal Penal Code.

He is also bound, as per Article 599 of the Commercial Procedures Code, to secure a sufficient deposit for the made cheque. Otherwise, he shall be held responsible for any bounced cheque.

Q2) I have long worked with a private company here. I have recently invented an important device that can be used in trimming playground grass. I have applied for the registration of my invention.

Now, I want to promote and sell it, but I am afraid that it might be stolen or duplicated since the registration process takes a long time.

How is it possible to protect my invention and property rights?

A2) As per the Federal Law No. 44/1992, a decision must be issued by concerned bodies to legally protect the patent of any invention against illegal competition and duplication.

Once a decision is issued, you need not worry about the long process of registration, since the protection you obtain upon approval begins from the date of applying for the invention registration, not the date of approval.

Should anyone violate your patent or property rights, you are entitled to bring them to court. You can also seek compensation for damages, and ask for the destruction of duplicated items. — Compiled by Ahmed Shaaban