Opinion
Shareholder has right to attend general assembly
Shareholder has right to attend general assembly
August 25, 2017 | 11:07 PM
Question: I hold 2% shares in a company and most of the decisions are taken without considering my opinions by the working partners. Even in the general assembly, I have no right to discuss matters. Does the company law specify any minimum shareholding for attending the general assembly and to discuss the issues related to the company? Please advise. UJ, DohaAnswer: Each shareholder shall have votes proportionate to shares held or represented by them and have the right to attend the general assembly irrespective of the number of shares held. As per Article 132 of the company law, every shareholder has the right to discuss the issues listed in the general assembly’s agenda and to submit questions to the members of the board of directors, and the members of the board of directors should answer the questions as long as this does not inflict any damage to the company’s interests. The shareholder has the right to appeal to the general assembly if he sees that the response to his question was insufficient, and the execution of the general assembly’s decision is obligatory. Witness attending court hearingQ: I am facing a criminal action in a matter where I am completely innocent. To prove my innocence, I have witnesses. How do I get the witnesses to the court? If the witnesses refuse to stand as witness in the court, what is legal procedure for me to get relief?AH, DohaA: Witnesses shall be summoned, at the request of parties, by a public authority officer, three days before the hearing. The witness may attend at the hearing without an announcement, at the request of the parties. According to Article 200 of the criminal procedure code, if the witness fails to appear before the court, after summoning him in accordance with the law, the court may postpone the case to reissue the summon, or order to arrest and bring him before the court. If the witness fails to attend for the second time or to take the oath or testify without an admissible reason, the court may, after hearing the statements of the Public Prosecution, make him subject to the provision of Article 179 of the Penal Code.As per Article 179, if the witness refused to appear, take oath or otherwise withholds testimony without any valid reason for such refusal shall be punished with imprisonment for a term not exceeding six months or a fine not exceeding QR3,000 or both. Such witness shall be exempted from punishment, if he/she appear prior to the issuance of judgment in subject matter.Safety measures for workersQ: Who is responsible for the safety measures as per the Labour Law? Can the employer deduct the expenses for the safety equipment as it is not mentioned in the employment contract? What will be the effect if the company refused to take care of the safety precautions as per the law? Please advise.IN, DohaA: The employer or his representative shall, on the commencement of every worker’s engagement, inform him of the hazards of the work and shall inform him of the safety measures to be taken for the protection during performance of their work. According to Article 100 of Qatar Labour Law, the employer shall take all precautionary measures for protecting the workers during the work from any injury or disease that may result from the work performed in his establishment or from any accident, defect or breakdown in the machinery and equipment therein or from fire. The employer shall not burden the worker with or deduct from his wage any sum in return for his providing precautionary safety means.If the employer failed to take the precautionary measures in case of imminent dangers threatening the health or safety of the workers, the ministry may issue a decision for the partial or total closure of the place of work or stoppage of one or more machines from work pending the elimination of the causes of the danger. In such case, the employer shall undertake to pay the wages of the workers in full during the period of closure or suspension. Registration of lease contractQ: It was advised that as per the rule, the lease deed is to be registered for filing a case for non-payment of rent and eviction of tenant. So, if the premises is sub-leased then how the registration to be made? Is it possible through registering the sub-lease contract? Please adviseYI, DohaA: Lease agreements should be registered by the landlord at the Office for Registration of Lease Contracts at the Ministry of Municipal Affairs and Agriculture. The lease contract must be registered in order for the landlord to be able to bring a claim in respect of the lease agreement before the Rental Dispute Settlement Committee or court. The registration office shall charge an annual registration fee of 1% of the annual rental value of the premises, to be paid by the landlord. As the contract with the tenant is sub-lease of the premises, the main lease contract registration is mandatory for the registration of the sub-lease agreement. *Please send your questions by e-mail to: leges@qatar.net.qa
LEGAL SYSTEM IN QATAR
According to Article 256 of the Penal laws, whoever commits the following acts shall be punished with imprisonment for a term not exceeding seven years: (1) insulting Allah through writing, drawing, gesturing or in any other way or through any other means; (2) offending, misinterpreting or violating the Holy Qur’an; (3) offending the Islamic religion or any of its rites and dictates; (4) cursing any of the divine religions according to the regulations of Islamic law; (5) insulting any of the prophets through writing, drawing, gesturing or in any other way or through any other means; (6) sabotaging, breaking, damaging or violating sites or their contents if they are made to perform religious rites for one of the divine religions according to the regulations of Islamic law.Whoever opposes or doubts any of the basics or principles of Islam, or calls upon, or favours or promotes another religion, cult or concept shall be punished with imprisonment for a term not exceeding five years. As per Article 260, any person who holds a meeting for the purpose of opposing or challenging the principles of Islam or promoting another religion shall be punished with imprisonment for a term not exceeding five years. The same penalty shall be imposed on any person who takes part in preparation for such a meeting or conference or participates in their activities. Whoever obtains or receives money directly or indirectly, from a person or an association, whether inside or outside the state, with the aim of committing any of the acts mentioned above in article shall be punished with imprisonment for a term not exceeding three years. According to Article 263, anyone who produces, sells, exposes for sale or circulation, or possesses products, merchandise, prints or tapes, including drawings, slogans, words, symbols, signals or anything else that may offend the Islamic religion or other divine religions according to the dictates of Islamic law, shall be punished with imprisonment for a term not exceeding one year and a fine not exceeding QR1,000. The same penalty shall be imposed on any person who uses disks, computer programs or magnetised tapes to offend Islam or other divine religions according to the dictates of Islamic law. Whoever infringes or violates the sanctity and sacredness of the dead or the remains of a corpse, or the place destined for burying the dead, preserving their remains or preparing the funeral, or annoying the people gathered to perform funeral ceremonies shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000 or with both.According to Article 267, any person who publicly eats or drinks during a day of Ramadan shall be punished with imprisonment for a term not exceeding three months or with a fine not exceeding QR3,000 or with both penalties. Any person who abducts a newborn child from his legitimate guardian, conceals him or substitutes another for him, or falsely attributes him to other than his legitimate parent, shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding QR10,000 or with both penalties.
August 25, 2017 | 11:07 PM