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Conditions for establishing a company in the Emirates

١٤ يونيو Conditions for establishing a company in the Emirates

Establishing a company in the UAE is an important strategic step for entrepreneurs and investors from around the world, given the broad economic opportunities and attractive business environment that the country provides. The UAE is one of the most distinguished business destinations thanks to its advanced infrastructure, legal facilities, and flexible legislation that supports business growth. However, establishing a company in the UAE requires adherence to a set of basic conditions and requirements that ensure compliance with local laws and facilitate legal procedures. In this article, we will review the basic conditions for establishing a company in the UAE , including legal procedures, licensing requirements, and incorporation requirements that contribute to facilitating the process and providing a strong legal and institutional framework for startups.

Establishing a company in the UAE requires adherence to a set of basic conditions and requirements, which may vary depending on the type of company and the regions in which you choose to establish. In general, the following conditions include:

  1. Choosing the company type : Determine the appropriate company type (limited liability company, joint stock company, branch of a foreign company, etc.).
  2. Determine the commercial activity : Determine the type of activity or activities that the company will undertake, as the license varies based on the activity.
  3. Choosing a trade name : Choose a trade name that complies with local laws, taking into account that the name is unique and not used by other companies.
  4. Required documents :
    • Provide a copy of the passport to the founders and directors.
    • Provide personal photos of the founders and directors.
    • Submitting the company’s articles of incorporation and internal regulations.
    • Submit documents proving the address of the company’s main office.
  5. Determining the location : Choosing a location for the company, whether it is in a free zone or a land area, based on the type of activity and licensing requirements.
  6. Obtaining a license : Submit an application to obtain a commercial license from the local economic department or the relevant authority in the free zone.
  7. Opening a bank account : Opening a bank account in the name of the company in a local bank and providing the required capital based on the type of company.
  8. Tax registration : Registration with the local tax authority if the company is subject to tax.
  9. Obtaining visas : Apply for work and residence visas for founders and employees.
  10. Registration in chambers of commerce : Registration in the local chamber of commerce if there are requirements for this.
  11. Insurance : Providing social insurance and workers’ insurance if required.

These conditions may vary slightly depending on the type of company and the location in which you decide to establish, so it is always best to consult a legal advisor or a specialized company such as Itqan Company in establishing companies for precise details.

 

Types of companies in the UAE

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

TypeMain characteristicsSuitable areas
Limited Liability Company (LLC)Limited liability for partners, requires a 51% local Emirati partnerFree zones, land areas
Public Joint Stock CompanyIt has the right to offer its shares for public sale, limited liability, and requires a minimum capitalEmirates in general
Private Joint Stock CompanyIts shares cannot be offered for public sale, limited liability, a specific number of shareholders is requiredEmirates in general
Branch of a foreign companyIt does not need a local partner, it can be part of the parent company’s activity, adhering to local lawsAll regions
Sole ProprietorshipOwned by one individual, full liability for debts, requires local presenceFree zones and land areas
Trading CompanyFocused on business activities, including manufacturing, supply and distribution, it can be an LLC or a subsidiaryFree zones, land areas
Service CompanyProvides specialized services, including consulting, technical, and financial services, often as an LLCFree zones, land areas
Limited liability company in free zonesIt operates in free zones, has limited liability, and does not require a local partnerFree zones

Cost factors for establishing a company in the UAE

The cost of establishing a company in the UAE depends on a group of factors that vary according to the type of company, location, and nature of business activity. Here are the most important factors that affect the cost of establishment:

  • Limited Liability Company (LLC) : Often requires specific capital and sometimes needs a local partner, which may affect the cost.
  • Public or private joint stock company : May need higher capital and additional costs to meet JSC requirements.
  • Branch of a foreign company : Costs may be lower compared to other companies, but it requires some special procedures.
  • Free zones : They provide a flexible business environment and special facilities, but come with varying costs based on the region.
  • Onshore areas : Establishment costs may be lower, but may require a local partner and additional procedures.
  • Commercial activities : require special licenses and may affect the overall cost.
  • Service activities : They may require fewer licenses or different costs compared to commercial activities.
  • Office Rental : Rental costs vary based on location and size of space.
  • Purchasing an office : May require a larger one-time cost but with long-term benefits.
  • Capital : Different companies require different amounts of capital depending on their type and legal requirements.
  • Commercial License : License issuance fees from the Economic Department or the relevant body.
  • Registration fees : Registration fees at the Chambers of Commerce and related entities.
  • Legal Consultations : The cost of attorney services or legal consultations.
  • Financial consulting : the cost of accounting and financial auditing services.
  • Work visas : The cost of issuing work and residence visas for founders and employees.
  • Immigration procedures : application fees and administrative procedures.
  • Social and health insurance : workers’ insurance costs and the provision of health insurance.
  • Taxes : Register the company with the local tax authority if required.

Estimating the total cost requires collecting all these factors and calculating them based on the company’s specific requirements. It is always preferable to consult a legal advisor or a specialized company such as Itqan Company in establishing companies to obtain accurate and detailed estimates.

 

Advantages of establishing a company in the Emirates

Establishing a company in the UAE is an exciting option for many investors, due to the many advantages the country offers. Here are the most prominent features:

  1. Favorable work environment : The UAE provides an excellent work environment that supports innovation and growth, with advanced infrastructure and modern commercial facilities.
  2. Tax exemptions : The UAE allows investors to benefit from tax exemptions, including exemption from corporate tax and value-added tax in some free zones.
  3. Full ownership : In many free zones, foreign investors can own 100% of a company’s shares without the need for a local partner.
  4. Ease of procedures : The UAE offers fast registration procedures and simplified bureaucracy, which contributes to accelerating the start of a business.
  5. Investment incentives : The state offers a set of investment incentives, including grants and facilities allocated to projects that contribute to the development of strategic sectors.
  6. Strategic location : The UAE is located in a distinct geographical location, linking the markets of the Middle East, Asia and Africa, which facilitates access to new markets.
  7. Political and economic stability : The UAE provides political and economic stability, which enhances confidence in the investment environment.
  8. Diversity of markets : The UAE offers multiple opportunities for investment in various sectors, from trade and services to technology and innovation. These advantages make setting up a company in the UAE an attractive option for investors from all over the world.

 

Types

Types of companies in the UAE

Documents required to establish a company in the Emirates

Establishing a company in the UAE requires submitting a set of basic documents, which may vary slightly depending on the type of company and the location in which it is established. Generally, the required documents include:

  1. Registration application : An application form for establishing a company, which includes details about the business activity and proposed partners.
  2. Copy of passport : Colored copies of the passports of all shareholders, directors and authorized signatories.
  3. Personal photos : Recent personal photos of the founders and directors.
  4. Residence Permit : If the founders or directors are resident in the UAE, a copy of the residence permit may be required.
  5. Office lease contract : A lease contract or proof of ownership for a commercial office in the Emirates. In free zones, offices and work spaces are provided by the responsible party.
  6. Certificate of Incorporation : If the company is pursuing an activity that requires special licenses, you may need to provide a certificate proving that the necessary requirements are met.
  7. Company documents : If the company is a branch of an existing company, the parent company’s documents must be submitted, such as the registration certificate and company information.
  8. Business Plan : A document detailing the business activity and future plans.
  9. Authorization : A power of attorney or authorization from the shareholders to the director or official to submit the request.
  10. No-objection certificate : If the company invests in a specific sector or needs a special license, it may require a no-objection certificate from the relevant authorities.

These documents may vary based on the type of company (e.g., LLC, subsidiary, or representative office) and location (free zone or non-free zone). It is recommended to check the specific requirements with the relevant authorities or through a legal advisor in the UAE to ensure that all required documents are completed.

 

Steps to establish your company in the UAE 

Establishing a company in the UAE requires following a set of organized steps to ensure compliance with local laws and obtaining the necessary licenses. Here are the basic steps to establish a company in the UAE:

  • Choose the type of company : such as a limited liability company (LLC), joint stock company, branch of a foreign company, or others.
  • Determine the activity : Determine the commercial or service activities that the company will perform.
  • Choose a name : Choose a name that is unique and compatible with local laws.
  • Name verification : Make sure that the name is not registered by another company by searching the database of the Economic Department.
  • Location : Determine a location for the company, whether in a free zone or a land area.
  • Office Leasing : Renting or purchasing office space if required.
  • Submitting an application : Submitting an application to obtain a commercial license from the local economic department or the competent authority in the free zone.
  • Payment of fees : Payment of fees associated with issuing the license.
  • Account opening : Opening a bank account in the name of the company in a local bank.
  • Capital Deposit : The capital deposit required according to the type of company.
  • Obtaining the license : Receiving the commercial license from the relevant authority after approving your application.
  • Registration with the Tax Authority : Registration with the local tax authority if the company is subject to tax.
  • Work and Residence Visas : Apply for work and residence visas for founders and employees.
  • Registration : Register the company with the local Chamber of Commerce if required.
  • Workers’ Insurance : Providing social insurance and workers’ insurance if required.
  • Completion of procedures : Completion of all necessary legal and administrative procedures.

The exact details of these steps may vary based on the type of company and location. It is always preferable to consult a legal advisor or a specialized company such as Itqan Company in establishing companies to ensure that you comply with all requirements.

Establishing a company in the UAE is an important step and strategic vision for investors and entrepreneurs looking to enter a vibrant and prosperous market. Thanks to the attractive business environment that the UAE offers, from advanced infrastructure to flexible legislation, setting up a company here can provide great opportunities for growth and success.

However, this success requires adherence to a set of legal and administrative procedures that include choosing the appropriate company type, defining the business activity, meeting legal requirements, and obtaining the necessary licenses. It is essential to be aware of every step and requirement to ensure a smooth and efficient incorporation process. In addition, consulting specialized advisors such as Itqan Company may be necessary to guide you through complex procedures and ensure compliance with all laws and regulations. By implementing these steps effectively, you can build a strong foundation for your company, which will contribute to achieving your business goals and making the most of the opportunities that the UAE market offers.

Frequently asked questions about establishing a company in the Emirates

Do I need a local partner to establish a company in the UAE?

If you’re forming an LLC in a wilderness area, you typically need a local partner who owns 51% of the company’s equity. In free zones, you do not need a local partner.

What are the steps to obtain a commercial license?

Choose the type of company and commercial activity, apply for a license from the economic department or relevant body, submit the required documents, and pay the fees associated with the license.

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

The time varies depending on the type of company and procedures required, but usually ranges from 1 to 4 weeks. The speed of completing documents and procedures can affect the overall time.

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

The cost of incorporation depends on the type of company, location, business activity, and other procedures such as renting an office and opening a bank account. It is best to consult a professional to determine the exact cost.