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The question

Do I have the right to demand from the foreign partner (49%) in a limited liability company the money owed to my company by his bankrupt company, or should I demand from him only 49% and from the citizen (51%) the remaining percentage, even though he is a nominal partner?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A limited liability company is one in which the partners are liable for the company's debts to the extent of their shares in the capital. This is permissible شرعاً (religiously) as long as it is known to those dealing with the company. The guarantee rests upon both partners according to the proportion of each partner's share in the capital. However, if the partnership is a sham and the foreigner is the true owner, then the foreigner is liable for the full debt. The decisive authority in this matter is the judiciary, and it is permissible to resort to secular courts when there is no sharia-compliant alternative for obtaining rights and preventing harm.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
143539
Imported
Translation status
Source text, unreviewed
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