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Requirements for establishing a company in the Emirates

١٧ فبراير Requirements for establishing a company in the Emirates

Establishing a company in the UAE represents a great opportunity for investors and entrepreneurs from all over the world, given the country’s stimulating business environment and advanced facilities. However, success in this field requires a thorough understanding of the establishment requirements and necessary legal procedures. This article aims to provide a comprehensive overview of the basic requirements that must be taken into account when starting the process of establishing a company in the UAE . We will cover the basic steps such as choosing the type of company, determining the business activity, obtaining the necessary licenses, as well as some special considerations related to local partners and law firms. This information will help facilitate the establishment process and ensure that companies comply with local laws and regulations, which contributes to achieving sustainable success in the UAE business market.

Requirements for establishing a company in the Emirates

Requirements for establishing a company in the Emirates

Requirements for establishing a company in the Emirates

Establishing a company in Dubai , UAE requires compliance with a number of legal requirements and procedures to ensure compliance with local laws. Here is an overview of the basic steps and requirements:

Select company type

  1. Limited Liability Company (LLC): You need a local partner who owns 51% of the company’s shares.
  2. Wholly foreign owned company: It can be established in free zones or in some economic zones within the UAE.
  3. Branch of an international company: allows the parent company to retain full control.
  • Choosing a business activity: Determine the business activity you wish to practice, which must comply with the classification of business activities approved by the competent authorities.
  • Trade Name Registration: A distinctive trade name must be chosen and approval obtained from the Department of Economic Development (DED) or the competent authority in the free zone.
  • Obtaining the necessary licenses: A commercial license obtained from the Department of Economic Development (DED) or from the relevant authority in the free zones. Additional licenses may require specialized licenses depending on the type of activity.
  • Preparing the articles of association: The articles of association of the company include details of the partners, type of activity, and capital. It must be certified by a notary public.
  • Opening a bank account: It is required to open a business bank account in a local bank to secure the capital required for incorporation.
  • Renting an office or commercial premises: A fixed headquarters must be provided for the company, and it can be in a free zone or in a commercial area within the Emirates.
  • Registration with local authorities: Register the company with the Department of Economic Development (DED) or the relevant authority in the free zone to obtain a commercial number.
  • Submitting the required documents: Submitting all required documents such as passports, licenses, and articles of association to the relevant authorities.
  • Obtaining Work Visas: Applying for work visas for employees and partners if required.
    These steps help ensure that a company is successfully established in the UAE and complies with all local laws and regulations, helping to build a strong foundation for business success.

Types of companies in the Emirates

 

Here is a table showing the different types of companies in the UAE, with some key characteristics of each type:

TypeMain Features
Limited Liability Company (LLC)– Requires a local partner with 51% of the shares.
– Can be established for commercial and service activities.
– Requires a minimum capital.
Public Joint Stock Company– Its shares can be traded on stock exchanges.
– It requires a large number of shareholders.
– It requires higher capital requirements and tighter supervision.
Private Joint Stock Company– Its shares cannot be publicly traded.
– It requires a limited number of shareholders.
– It requires a minimum amount of capital.
Sole Proprietorship– Owned by one person.
– Employer bears full responsibility.
– Requires individual license.
Limited Partnership– It includes a general partner and a limited partner.
– The general partner bears full liability.
Branch of Foreign Company– Represents a branch of an international company.
– Does not require a local partner.
– Established in free zones or under special laws.
Free Zone Company– Allows 100% ownership of shares for foreign investors.
– Provides tax benefits and customs facilities.
– Activities are limited to inside or outside the free zone according to the laws.
Free Zone LLC– 100% foreign owned.
– Enjoys tax benefits.
– Needs to meet specific free zone requirements.
Specialized Company– Focus on specific areas such as technology or industry.
– May require special licenses and permits.

Each of these types of companies has specific legal and procedural requirements, and it is important to choose the type that suits the nature of the business and your investment goals.

 

Advantages of establishing a company in the Emirates

Establishing a company in Dubai, UAE, offers many advantages that make it a preferred destination for investors and entrepreneurs from all over the world. Here are some of the most prominent of these advantages:

  1. Stimulating business environment: The UAE has a flexible and growth-oriented business environment, with advanced legal systems that support innovation and streamline procedures.
  2. Strategic location: The UAE is located in a distinguished geographical location that links the East and the West, making it a strategic commercial center that enhances opportunities to access new markets.
  3. Attractive tax regimes: The UAE offers a favorable tax environment, with no personal or corporate income tax in many areas. There are also tax exemptions on profits in free zones.
  4. Full Foreign Ownership: In free zones, foreign investors can own 100% of their company’s shares without the need for a local partner, giving them complete control over their business.
  5. Ease of procedures: Bureaucratic procedures for establishing companies, including registration and licensing, have been simplified, making it easier to start a business quickly and efficiently.
  6. Advanced infrastructure: The UAE offers a modern infrastructure including ports, airports, and advanced road networks, which enhances the efficiency of business operations.
  7. Intellectual Property Protection: The UAE offers a strong legal system for protecting intellectual property rights, which helps companies protect their innovations and ideas.
  8. Diverse financing opportunities: There are a variety of financing options available, including local banks, venture capital firms, and foreign investors.
  9. Comfortable and attractive living: The UAE offers a high quality of life, with excellent health and educational facilities, and a cosmopolitan lifestyle that makes it a preferred destination to live and work.
  10. Investment Incentives: Some free zones offer additional incentives such as exemption from customs duties on imports and exports, which helps reduce operating costs.
    These benefits make the UAE an encouraging and attractive environment for investment, which contributes to the success and growth of businesses established in it.

Documents required to establish a company in the Emirates

To establish a company in the UAE , it is necessary to submit a set of basic documents that ensure compliance with local laws and regulations. Here is a list of the documents generally required:

  1. Passport: Color copies of passports of partners, investors and directors.
  2. Visas and Residencies: Copies of residency visas for investors or resident partners, if applicable.
  3. Employment Certificates: Employment certificates or resumes of key managers or founders if they are employees.
  4. Articles of Association and Memorandum of Association: Documents detailing the company’s articles of association and memorandum of association, including details of partners, percentage of ownership and business activity.
  5. Trade Name Approval Letter: A letter from the Department of Economic Development (DED) or the competent authority in the free zone approving the proposed trade name.
  6. Proof of address: Documents that prove the address of the company’s office or headquarters, such as a lease or property ownership agreement.
  7. Business Details: A detailed description of the business activity the company will be conducting, specifying the objectives and services or products.
  8. Identity Documents: Copies of national ID cards of partners and managers, if they are present in the UAE.
  9. Registration Forms: Filling out and submitting the required forms for commercial registration and licensing.
  10. Capital Confirmation: Proof of the allocation of the required capital to the company, such as documents for opening a business bank account.
  11. Special Licenses and Permits: Special licenses or permits may be required depending on the type of business, such as health or industrial licenses.
  12. Notarization: In some cases, it may be necessary to have contracts and legal documents notarized by a notary public.
    The exact requirements vary depending on the type of company and the area in which you are incorporating, so it is best to check the specific requirements of the relevant authorities in the emirate or free zone in which you plan to establish your company.

In conclusion, establishing a company in the UAE is a strategic step towards success in a global and evolving business environment. By understanding the basic requirements and necessary legal procedures, investors and entrepreneurs can ensure compliance with local laws and establish a solid foundation for their companies. These requirements include choosing the right type of company, obtaining the necessary licenses, and providing the necessary documents such as passports, articles of association, and proof of address. By harnessing the available resources and cooperating with the relevant authorities, the establishment process can be accelerated and success can be achieved in the distinguished UAE market. Adhering to these requirements contributes to building a strong foundation that ensures growth and sustainability, which enhances the chances of business success in one of the most attractive business environments in the world.

Frequently asked questions about the requirements for establishing a company in the Emirates

Can foreigners own 100% of a company’s shares in the UAE?

Yes, foreigners can own 100% of the shares of companies in free zones. In non-free zones, you will need a local partner who owns 51% of the shares in most cases.

What types of companies are available to establish in the UAE?

The main types include: limited liability company (LLC), public joint stock company, private joint stock company, sole proprietorship, branch of an international company, and companies in free zones.

Is there a minimum capital required to establish a company in the UAE?

Yes, there is a minimum capital requirement that varies depending on the type of company and business activity. There may be specific requirements for free zones or joint stock companies.