Bankruptcy proceedings in the UAE are governed by the Federal Decree-Law No. 9 of 2016 on Bankruptcy (the Bankruptcy Law). The Bankruptcy Law provides a framework for the rehabilitation or liquidation of insolvent companies and individuals.
Partners:
Partners
in a general partnership are jointly and severally liable for the debts of the
partnership. This means that each partner is personally liable for all of the
partnership's debts, even if their contribution to the partnership is less than
the total amount of the debts.
- The company's assets are not sufficient to pay at least 20% of its debts; and
- The partners or managers committed any of the acts listed in Article 147 of the Bankruptcy Law, such as:
- Mismanaging the company's assets or engaging in reckless business practices;
- Breaching their fiduciary duties to the company; or
- Intentionally or negligently causing the company to become insolvent.
In
addition to civil liability, partners and managers of a bankrupt company may
also face criminal liability under the Bankruptcy Law. For example, Article 198
of the Bankruptcy Law provides that partners and managers who conceal or
destroy the company's assets or records may be sentenced to imprisonment for up
to five years.
Partners
and managers of companies in the UAE should be aware of the potential risks to
their personal liability if the company becomes insolvent. It is important to
take steps to avoid mismanagement and reckless business practices, and to
comply with all applicable laws and regulations.



