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Requirements for establishing a company in the Emirates

١٤ مارس Requirements for establishing a company in the Emirates

Establishing a company in the UAE requires a thorough understanding of a range of legal requirements and procedures that vary depending on the type of company and its location. The UAE’s business system is flexible and attractive to investments, making it an ideal destination for investors and entrepreneurs from all over the world. The basic requirements for establishing a company in the UAE include identifying the business activity, choosing the appropriate legal entity type, and obtaining the appropriate business license. In addition, investors must choose the free zone or local area that best suits the nature of their business, which requires dealing with multiple government agencies to facilitate the registration and compliance process. Establishing a company also requires submitting various documents such as a passport, proof of residency, and business-related documents. In this article, we will review all the details necessary to establish a company in the UAE , focusing on the basic procedures and steps that must be followed to ensure the smooth and efficient success of the establishment process.

Requirements

Requirements for establishing a company in the Emirates

Establishing a company in the UAE requires compliance with a number of requirements and procedures that ensure compliance with local laws and facilitate the establishment process. The following are the most important requirements for establishing a company in the UAE:

  1. Choose the type of company: Determine the appropriate type of legal entity such as a limited liability company (LLC), a branch company, a wholly foreign-owned company, or a company in a free zone.
  2. Selecting the business activity: Determine the activity or activities that the company will undertake and provide an accurate description of them, as this affects the type of license required.
  3. Choosing a company location: Determine where to establish the company, whether in a free zone or a local area. Each area has different laws and procedures.
  4. Commercial License: Obtain the appropriate license from the relevant government authorities. If the activity is within a free zone, the license is obtained from the relevant free zone administration.
  5. Preparing incorporation documents: A copy of the owners’ and managers’ passports. Proof of residence of the partners. A contract detailing the company’s details including its name, activity, and partners.
    Opening a bank account: Opening a bank account in the company’s name in a local bank to facilitate financial transactions.
  6. Deposit of capital: In some cases, it may be required to deposit the company’s allocated capital into the bank account.
  7. Company Registration: Register the company with the relevant government departments such as the Department of Economic Development or the Free Zone Administration, depending on the company’s location.
  8. Insurance and Other Licenses: Obtain any additional insurance or licenses that may be required depending on the business activity.
  9. Hiring a Chartered Accountant: In some cases, companies may need to hire a chartered accountant to ensure compliance with financial and tax requirements.
  10. The details and requirements for incorporation vary depending on the type of company and its location, so it is important to consult a legal advisor or a specialized services company such as Atqan to ensure that all procedures are followed accurately and efficiently.

Types of companies in Dubai

Here is a table showing the types of companies in Dubai:

Company TypeOwnershipResponsibilitySuitable activities
Limited Liability Company (LLC)49% for foreigners, 51% for localsLimited to the extent of the partners’ contributionMost commercial and service activities
Branch CompanyWholly owned by the parent companyDepends on the actions of the parent companyExpansion for international companies
Free Zone Company100% foreign ownedLimited to the extent of the partners’ contributionCommercial, technological and industrial activities in free zones
Public Joint Stock Company (PJSC)Shares are available for trading on the stock exchange.Limited to the extent of shareholders’ contributionBig projects and IPO
Private Joint Stock Company (Private JSC)Owned by a group of investors and not traded on the stock exchangeLimited to the extent of shareholders’ contributionLarge projects that do not require a public offering
Sole ProprietorshipOwned by one personUnlimited (owner personally responsible)Small businesses run by one person
PartnershipOwned by two or more partnersUnlimited or limited depending on the type of partnershipActivities managed by a few partners

This table helps determine the appropriate type of company based on the type of activity and ownership required.

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. Among the most prominent of these advantages are:

  1. Encouraging business environment: The UAE offers a modern and advanced business environment, with a strong infrastructure that contributes to facilitating commercial and logistical operations.
  2. Complete freedom of ownership: In free zones, foreign investors can own 100% of the company’s shares without the need for a local partner.
  3. Tax Exemptions: The UAE offers a unique tax system that includes tax exemptions for companies, including exemption from corporate tax and personal income tax.
  4. Ease of business establishment: The procedures required to establish a company in the UAE are quick and efficient, which contributes to reducing the time and effort required to launch a business.
  5. Asset Protection: UAE laws provide strong protection for assets and investments, contributing to enhanced financial and business security.
  6. Access to international markets: The UAE’s strategic location enhances access to the markets of the Middle East, Asia and Africa, opening up a wide horizon for expansion and growth.
  7. Multiple free zones: The UAE offers many free zones that suit different types of businesses and activities, allowing investors to choose the one that best suits their needs.
  8. Ease of transferring profits: Companies can easily transfer profits abroad, which enhances the flexibility of international financial operations.
  9. Low operating costs: In some free zones, you can benefit from lower operating costs and attractive financial facilities.
  10. Advanced government services: The UAE provides advanced government services through electronic platforms, which facilitates dealing with procedures and licenses.
  11. These advantages contribute to making the UAE one of the preferred destinations for investors and entrepreneurs, which contributes to enhancing economic growth and prosperity.

Factors in the cost of establishing a company in the Emirates

The cost of establishing a company in the UAE depends on several main factors that vary based on the type of company, location, and business activity. The following are the most important factors that affect the cost of establishing a company in the UAE:

  1. The cost varies depending on the type of legal entity such as a limited liability company (LLC), a branch company, or a free zone company.
    Free zone companies are often more expensive than local companies.
  2. Costs vary depending on where the company is set up, whether it is in a free zone or a local area.
    Free zones such as Dubai South or Jebel Ali offer many advantages but come at higher costs.
  3. The cost of obtaining a commercial license varies depending on the type of business activity, as some activities require additional or special licenses.
    Industrial or commercial licenses may be higher than service licenses.
  4. Some types of companies require a minimum capital deposit, which may vary depending on the type of company and the region.
    The required capital can range from thousands of dirhams to millions of dirhams, depending on the activity.
  5. Includes registration fees with the relevant Department of Economic Development or Free Zone Authority. These fees vary depending on the type of company and location.
  6. Most businesses are required to have a physical business address, which requires renting an office or workspace.
    Rental costs vary greatly depending on location, with higher costs in busy areas and free zones.
  7. Investors may need to hire a legal advisor or a specialized firm such as Atqan to facilitate the incorporation process. These fees vary depending on the service provided.
  8. Work visas are required for partners and employees, and each visa has a cost that varies depending on the category and number of visas required.
  9. Additional services such as insurance, logistics, and staffing can increase the overall cost.
  10. Some banks may charge fees for opening corporate accounts, in addition to having certain requirements for the initial deposit.
  11. Business license renewal fees, work visas, and rents are part of the recurring costs.
    These factors collectively affect the cost of setting up a company in the UAE, and it is important to consider each of them to get an accurate estimate of the incorporation costs.

In conclusion, establishing a company in the UAE is a strategic step towards success in a dynamic and prosperous economic environment. With advanced infrastructure, encouraging legal facilities, and attractive tax exemptions, the UAE is an ideal destination for investors and entrepreneurs from all over the world. With a wide variety of company types and free zones available, investors can choose the one that best suits their business objectives. To ensure a smooth and efficient company formation, it is essential to seek the help of experts in the field, such as Atqan, to provide the necessary advice and support throughout the incorporation process, ensuring compliance with all legal procedures and achieving success in the UAE market.

Frequently asked questions about establishing a company in the Emirates

Can foreigners establish a company in the UAE without a local partner?

Yes, foreigners can establish companies in the free zones without the need for a local partner, in addition to some business activities that allow full foreign ownership outside the free zones.

What is the cost of establishing a company in the UAE?

Costs vary depending on the type of company, location, business activity, and licenses required. Costs include licensing fees, office rental, and work visa fees.

How long does it take to set up a company in the UAE?

Establishing a company in the UAE takes from several days to several weeks, depending on the type of company, location, and required procedures.