QUESTION: Last week, my friend had some arguments with his neighbour related to his car’s parking. He had shouted at her during the argument. The lady filed a case against him before the police. Police took him into custody and presented him before public prosecution. He was released on bail later and he received a paper from the Public prosecution in which two sections are mentioned – 291 and 293. What are these sections? 
WQ, Doha 

ANSWER: Articles 291 and 293 are the charges filed against the accused. According to Article 291 of the Penal laws, any person who offends a female by words or makes a sound, a gesture or a display for the purpose of letting her hear the word or the sound, or see the gesture shall be punished with imprisonment for a term not exceeding one year or a fine not exceeding QR5,000 or both. 
As per Article 293, anyone who disturbs or annoys other people by using immoral expressions or words via a wireless set or other electronic means shall be punished with imprisonment for a term not exceeding six months or a fine not exceeding QR3,000 or both.

Criminal liability
Q: I am working with a contracting company as its manager and the company has authorised me to sign its cheques. We face financial difficulties at present due to the unpleasant market conditions. In our board meeting, it was decided to issue post-dated cheques to creditors even though without funds in the account. Suppose, if I sign a cheque without sufficient fund as instructed by the company management and when there is a cheque dishonour issue, can I get any exemption from the criminal charges being signed on behalf of company or its decision?
DY, Doha

A: The cheque is a tool of payment that is considered as money and replaces it while paying the obligations. It is an unconditional order by the drawer to the bank to pay the beneficiary certain sum of money on a specific date. The issuance of cheque without sufficient funds in the account is an offence regardless of the motive for issuing such a cheque. The criminal liability will arise against the signatory of the cheque regardless of instructions of the company.

Automatic confirmation
Q: As per my employment contract, my probation period was agreed for three months. However, even after completion of the six months of employment the company did not issue any confirmation letter. As I want to avail a vehicle loan from the bank, is it mandatory that a confirmation letter be issued by the company for proving employment? Do the employer and employee agree the rates for gratuity? 
ER, Doha

A: As per law, the employment with the company got automatically confirmed on completion of the three months probationary term. In the event of extension of the period of probation, written orders to be issued and the maximum permitted term shall be six months. 
No specific confirmation letter is required to establish the employment confirmation. Article 54 of the Labour Law provides that an employer and employee can agree on the rate of gratuity provided the rate equals to or is higher than 3 weeks’ of the basic salary for every full year that he has worked for the employer. Basic salary at the date of termination is the basis and part years to be pro rated.

Tenant responsible for minor repairs
Q: If the contract is silent on the minor maintenance of the buildings, who is responsible for it? We are into real estate business and our tenancy contract is silent on minor maintenances. Some of our tenants have not carried out maintenance. In such case, shall we claim compensation for non-maintenance and damage? 
OY, Doha 

A: According to Article 615 of the civil law, the tenant shall carry out all such minor repairs as are required for the proper use of the leased property and as applicable by practice, unless agreed otherwise. The tenant is obligated to return back the property in its original condition considering the element of normal wear and tear. 
If the leased property is delivered without a description of its condition, the tenant shall be presumed to have taken delivery of the property in good condition until evidence to the contrary is provided. The tenant shall be bound to compensate the landlord in case of any damage to the property. 

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LEGAL SYSTEM IN QATAR

According to Article 209, partnership limited by shares is a company which is formed by two groups, one of them includes one or more joint partners responsible for the debts of the company to the extent of all their assets, and the other includes one or more partners whose responsibility for the company’s debts is limited to the value of shares in the capital.
For the joint partners, the company shall be considered as a joint liability company and the joint partners shall be considered as trader even if they had no such capacity before joining the company. All joint partners should be natural persons who are Qatari nationals. 
As per Article 211, the name of the company shall be composed of one or more of the names of the joint partners and may include an innovated name or another derived from its objective. The name of the shareholding partner shall not be included to the name of the company. If his name was included with his knowledge, the partner shall be considered as joint partner with respect to dealings with a bona fide third party. In all cases, the words ‘Partnership by Shares’ shall be added to the name of the company.
The capital of Partnership limited by Shares company shall be divided into negotiable shares of equal value which are indivisible. The capital of Partnership limited by Shares company shall not be less than one million Riyals to be fully paid upon incorporation. The subscription of shares in the Partnership limited by Shares company shall be subject to the provisions relating to the subscription of shares in the Joint Stock company.
According to Article 216, the shareholding partner shall not interfere in the management affairs relating to the third parties, even by virtue of an authorization. Notwithstanding, he may participate in the internal management matters within the limits stipulated in the Articles of Association.
If the shareholding partner breaches the restriction provided in the preceding article, he shall be responsible to the extent of all his assets for liabilities arising out of his management acts. If he carried out such actions under authority from the joint partners, the party who had authorized him so to do shall be liable therewith toward the obligations arising from such actions. 
As per Article 218, the Partnership by Shares shall have a General Assembly consisting of all the joint partners and the shareholding partners. The General Assembly in the Partnership by Shares is subject to the provisions with respect to the General Assembly in the Joint-Stock Company concerning its formation, meetings, and decisions voting. The director of the Partnership by Shares Company shall act on behalf of the Board of Directors in inviting for the General Assembly and the General Assembly shall represent the shareholders in all meetings with the directors.
According to Article 219, the General Assembly in the Partnership by Shares shall not take part in company activities in connection with third parties or amend to the Article of Association of the company without the approval of the Directors unless the Articles of Association stipulates otherwise. 
The Partnership by Shares shall have a Supervisory Council comprising at least three members elected by the General Assembly from the shareholding partners or otherwise, subject to the provisions stipulated in the Article of Association of the company. The joint partners shall not have voting rights in the election of the members of the Supervisory Council.