By Nizar Kochery
Doha

QUESTION: After working as an electrical engineer with a company, I moved to another establishment after transferring my sponsorship to it. The old company granted me a no-objection certificate (NOC) for sponsorship transfer. The new company has three partners, one a Qatari and two others foreigners. The foreign partners are not in the country and are not Qatar residents. I have full responsibility to run the company and being under the company’s sponsorship, I am appointed as the authorised signatory. I have not signed any papers, undertaking the authority as the company manager. Can the partners appoint a non-partner as a signatory? I have to sign cheques under instructions. What is the risk of signing post-dated cheques?
My old company did not pay me any end-of-service benefit. Does the grant of NOC waive the right to get the benefits? If not what is the solution?
VB, Doha

ANSWER: According to relevant provisions of the Commercial Companies Law, the limited liability company shall be managed by one manager or more which shall be selected from the partners or otherwise. Managers shall be appointed in the inCorp document of the company or in a separate contract for specific period or without limitation.
Regarding signing of cheques, cheque is an unconditional order by the drawer to the bank to pay the beneficiary certain sum of money on a specific date. Issuing a cheque without having sufficient funds in the account on the due date is an offence.
As per penal law, the issuance of a cheque without sufficient funds in bad faith is a punishable offence and criminal liability will arise against the signatory of the cheque regardless under whose instruction the cheque was issued.
According to Article 54 of the Labour Laws, end-of-service gratuity shall be payable to those employees with one or more years of continuous service and unless otherwise agreed a higher rate between the employer and employee, gratuity shall be calculated at the rate of three weeks’ basic salary per year of service. Grant of NOC or transfer of sponsorship shall not prevent the employee from claiming his right of end of service benefits.

Agreement
on specifications
Q: Our company is engaged in a subcontract and we supplied materials through another company to the worksite. The project started in May this year and the expected date of completion is August 2016. The representative of the main contractor was satisfied with the work and materials used. However, now the representative had resigned the job and a new person had come in his place. He is making trouble, stating that the materials supplied are not good and they need to be replaced. The contract is silent on the standards of materials. The main contractor had previously approved supplied items as of good quality. If the contract does not provide any specification, what is the law?
SO, Doha

A: When the agreement is silent on specifications, the contractor must use standard materials set by current practice. As per Article 684 of the Civil law, if the contractor provides all or any of the materials, such materials shall be with the agreed specifications or shall be adequate for meet the intended purpose. The contractor shall be held liable for any defects in such materials in accordance with the provisions of liability for defects in sold goods.

Two-year ban for
return after departure
Q: I have been working with a company in Qatar for the last three years and my contract has just been extended to 2016 December. If I resign now, when can I come to Qatar again? And if I complete my contract, will that make my return easier? I’m under the company’s sponsorship.
KS, Doha

A: Article 4 of the entry/exit laws regulates entry of expatriate employees after cancellation of visa or final departure unless otherwise supported by written consent of the previous/current sponsor. The period of ban is two years irrespective who initiate termination. Grant of NOC/release is at the discretion of the employer subject to approval of the immigration authorities.
Document
verification

Q: I have filed a case in a Qatari court and have an official document which is useful to establish my claim. However, the defendant is challenging the document’s veracity. What kind of action will be initiated by the court under such circumstances? The document is original but it looks like a forged one because it is old.
FG, Doha

A: In such case where the validity of the exhibit is subject to doubt in the opinion of the court, it may immediately call the official who issued the exhibit or the person who executed the same, to clarify the truth of the matter as provided in Article 234 of civil procedure.
The court shall assess the consequences that arise from scraping, erasing, inserting and other material defects in the exhibit such as the loss of, or detraction from, its value as evidence.
The court may refer the document for forensic verification by appropriate authorities and if forgery is proved penal action will follow.

♦ Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105).

LEGAL SYSTEM IN QATAR
As per Article 552, any legal action arising from a bill of exchange against the acceptor shall be barred after three years following the maturity date.
Legal action brought by the holder against the endorsers or drawer shall be barred after one year following the date of a protest made within the legal time limit or from the maturity date if the bill includes a clause exempting from protest.
Legal actions by endorsers against each other, or against the drawer, shall lapse after six months from the date on which the endorser pays the bill, or from the date on which the action was brought against him.
When a legal action is instituted, the limitation period shall begin from the date of last legal proceeding.
Interruption of the limitation period shall not have any effect in respect of the person against whom period has been interrupted.
Promissory note shall contain the following particulars: Stipulation of the order, or the expression “promissory note”, or any other expression of same meaning, written in the body of the note in the language in which it is made; the date on which and place where the instrument is made; the name of the person to whom or to whose order payment shall be made; unconditional undertaking to pay a speci?ed sum of money; maturity date; and place of payment and the signature of the person who created the note.
If the instrument does not contain any above mentioned particulars shall not be deemed to be a promissory note except in the following cases: if the maturity date is not stated, it shall be deemed to be payable at sight; or if the place of payment or domicile is not indicated, the place of creation shall be deemed to be place of payment and domicile of maker; or if the place of creation is not included, it shall be deemed to have been made in the place recorded next to the name of issuer.
According to Article 558, the issuer of a promissory note is under the same obligation as the obligation of the acceptor of a bill of exchange. A promissory note which is payable on a fixed date after sight shall be presented to the issuer within one year from its date and to be endorsed by the issuer. The period of sight shall begin from the date of such endorsement.
If the issuer refuses to endorse the note, the refusal shall be recorded in a protest, and the date of the protest shall be considered as the beginning of the period of sight.
The provisions applicable to bills of exchange shall apply to promissory notes with regard to legal capacity, endorsement, maturity, payment, copies, recourse for non-payment, restriction on granting period of grace for payment, provisional attachments, protest and the calculation of deadlines and working days, recourse by issue of a recourse bill of exchange and payment by intervention and limitations.
In addition, the provisions related to guarantees shall apply to promissory note, provided that if the name of the person guaranteed is not stated in the text of such guarantee, the guarantee shall be considered to apply to the bene?t of the issuer of the promissory note.