QUESTION: My colleague submitted a certificate to the ministry for attestation but it withheld the document, stating that it’s a forged one. But my friend is not aware of any forgery; he is innocent. There is a chance of criminal prosecution. What are the different instances of forgery?
WY, Doha
ANSWER: Forgery is the making of a false instrument with intent to deceive. According to Article 204 of the Qatar penal laws, forging a document means altering it with an intention of using it as a genuine document.
The following acts include forgery:
(1) amending the contents of the document including the writing, numbers, signs or photographs;
(2) putting a forged signature or stamp on a document, or changing an authentic signature, stamp, thumb impression or photograph;
(3) obtaining, through fraud, a person’s signature, stamp or imprint on a document without the person knowing its content and without his consent;
(4) forging or counterfeiting document and ascribing it to another person;
(5) filling a signed, stamped or imprinted blank paper with information that does not comply with the correct information of the holder of the signature, stamp or imprint;
(6) falsely assuming an identity or changing it in a document that was made to prove it; and
(7) misrepresenting the truth of a document.
Witness intimidation
Q: Does the law protect the suspect from torture while in custody? What does the law say on compelling an accused to confess by torturing?
FG, Doha
A: According to Article 159 of the Qatar Penal Laws, whoever, being a public servant, and being as such public servant torture, forces or threatens the accused, a witness or an expert or orders such measures to cause him to confess a crime, make statements or disclose information in this respect or to hide any issues shall be punished for imprisonment for a period not exceeding five years.
If the act of the officer results in a permanent wound of the victim, the penalty shall be imprisonment for a period not exceeding 10 years.
If the act results in the death of the victim, the penalty shall be capital punishment or life imprisonment.
Compensation to contractor
Q: We are subcontractors. The contractor has just terminated our contract without any valid reasons. It has been agreed to compensate accordingly but only after many sittings could we finalise on the compensation amount. How is the compensation determined?
VL, Doha
A: The employer has the right of termination at will but compensation is payable to the contractor.
Article 707 of the Civil Code provides that an employer’s entitlement to terminate a contract for convenience at any time, provided that he compensates the contractor for the expenses he has incurred, the works he has performed and completed and for the profit the contractor would have gained if he had completed the work.
The law permits the court to assess or otherwise adjust the compensation due to the non-terminating party.
If the compensation due is disputed by the contractual parties, the court will determine the amount.
Problems with sponsor
Q: I work in the company of my sponsor. But the company has no work now and no salary is paid. The company management suggested me to work outside to meet my expenses. Is it allowed to work for another person in such a situation? I’m not on good terms with my sponsor and he doesn’t allow me to leave the country. Is there any alternative to get exit permit?
BV, Doha
A: The Entry and Exit Laws restrict working for employers other than the original employer. Working for another employer with the same visa is considered as offence by law and the offender may be subject to a penalty of fine, imprisonment and deportation.
It is also prohibited to any employer to allow its employees to work with any other employer or to employ workers who are not under their employment.
Article 51 imposes imprisonment for a term not exceeding three years and a fine not exceeding fifty thousand riyals in such cases.
As per Article 18 of the prevailing Entry and Exit law, if the exit permit cannot be obtained due to the objection by the sponsor to grant such permit, the employee may provide an exit guarantor or a certificate that there are no judgments under execution or claims made against them issued by the competent courts after 15 days from the publication of a notice in two daily newspapers. The court procedures may take a minimum of 15 days.
- Please send your questions by e-mail to: [email protected] Mobile:55813105
LEGAL SYSTEM IN QATAR
According to Article 15, fictitious profits shall not be distributed among partners; otherwise the company creditors may claim against each partner to reimburse the distribution received, notwithstanding that this was made in good faith.
The partner shall not be obliged to repay the real profits that he actually received in any year, even if the company incurs loss in the subsequent years.
All contracts, correspondences, receipts, notices, advertisements and other papers issued by the company shall bear its name, a statement of its kind, its principal place of business, and it’s commercial registration number.
Excluding in the joint stock company and limited partnership company, the above information to be added with the details of the company capital and the amount paid thereof.
If the company is under liquidation, it should be mentioned in the papers issued by the Company.
As per Article 17, the provisions of the commercial companies’ law shall apply to foreign companies that practice their activities in the state, except for the provisions related to the establishment of the companies.
Except for companies controlled by Qatar Central Bank, the ministry will issue the resolutions regulating the control with respect to the private share holding companies, and as for the public shareholding companies listed in financial market, the authority will issue the resolutions regulating their control.
In all cases, the board of directors of the company shall undertake application of the regulating resolutions mentioned herein, taking into account that the incorporation documents of the companies shall not include anything contrary to those resolutions.
According to Article 19, the ministry will, by a resolution, specify the method of executing the procedures of incorporating the companies and issuing the required licenses, in a way that will ensure their smooth completion, including the representation of all concerned bodies in single window system.
Joint liability company is a company established by two or more natural persons who are jointly liable to the extent of their all assets for the company’s obligations.
As per Article 22, the name of the joint liability company shall consist of the names of all partners or the name of one or more of them accompanied by word “and Co”. In addition to the foregoing, it may have a special trade name of its own.
Where a name of an individual, who is not a partner therein, is knowingly embodied in the name of the corporation, such person shall be jointly liable for the company’s obligations.
Nevertheless, the company may remain its name with the name of a withdrawn or deceased partner if agreed by the withdrawing partner or the heirs of the late partner.
The memorandum of association of a joint liability company shall comprise the following details:
(1)The name of the company, goal, headquarter, and branches if any;
(2) The name of each partner, titles, nationalities and domiciles;
(3) The capital and shares undertaken by each partner whether paid in cash or in kind, the estimated value of these shares, subscription method and due dates;
(4) Date of establishment, and expiry, if any;
(5) Management of the company and names of authorized signatories and the extent of their respective powers;
(6) The date of commencement and end of financial year; and
(7) The method of distribution of the profit and loss.
