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Requirements for establishing a company in the Emirates

٢٠ مارس Requirements for establishing a company in the Emirates

Learn about the steps and requirements for establishing a company in the Emirates because the United Arab Emirates is considered one of the leading investment destinations in the world, as it offers an encouraging and stable economic environment for business. Establishing a company in the UAE is a strategic step that many companies and businessmen seek to take, due to the broad business opportunities it provides and a flexible regulatory framework. However, establishing a company in the UAE requires adherence to a number of legal and administrative requirements that ensure smooth procedures and preserve the legal rights of both investors and partners. These requirements include choosing the appropriate legal form for the company, obtaining the necessary licenses, meeting conditions related to capital and business address, in addition to complying with tax regulations and local laws. Understanding and properly addressing these requirements is crucial to ensuring the company’s success and sustainability in the dynamic and diverse UAE market.

Requirements

Requirements for establishing a company in the Emirates

Requirements for establishing a company in the Emirates

Establishing a company in the UAE requires following a set of legal and administrative requirements to ensure compliance with local regulations. These requirements include the following:

  1. Choosing the type of company : The appropriate legal form of the company must be determined, whether it is a limited liability company (LLC), a public or private joint-stock company, a branch of a foreign company, or any other type appropriate to the commercial activity.
  2. Site selection : Determine the company’s location, whether in the free zones or in the interior regions of the country. Free zones offer advantages such as full foreign ownership and tax breaks, while companies in the interior can benefit from expanding into local markets.
  3. Licenses : Obtaining the appropriate commercial license based on the type of business activity. This includes licenses from local economic departments or competent government agencies in free zones.
  4. Determine capital : Determine the required capital based on the type of company and business activity. Limited liability companies may need to meet a minimum share capital, while requirements for joint stock companies can vary.
  5. Preparing legal documents : Preparing and documenting the articles of incorporation, the company’s articles of association, documenting the lease or office purchase contract, and bank certificates to prove capital.
  6. Company registration : Submit a registration application with the local economic department or the competent authority in the free zone, and provide all required documents such as passports, company papers, and lease contracts.
  7. Opening a bank account : Opening a bank account for the company and providing the required documents such as the articles of incorporation, proof of address, and the identity of the directors and shareholders.
  8. Obtaining work visas : If necessary, work visas for employees and managers must be obtained from the Immigration Department and the relevant authorities.
  9. Tax Compliance : Register for tax purposes if the business requires it, and comply with local tax laws.

By carefully following these steps, investors and business owners can successfully establish their companies in the UAE and benefit from the ideal investment environment that the country offers.

Types of companies in the Emirates

Here is a table showing the types of companies in the UAE, identifying the main characteristics of each type:

TypeCharacteristics
Limited Liability Company (LLC)– There can be one or multiple owners. <br> – Liability is limited according to the percentage of contribution. <br> – Shares cannot be sold except with the approval of the partners.
Public Joint Stock Company– Shares can be traded on financial markets. <br> – The minimum number of shareholders is usually 10. <br> – Requires a more complex registration process.
Private Joint Stock Company– Shares can only be sold among shareholders and cannot be publicly traded. <br> – The minimum number of shareholders is 3.
Sole Proprietorship– Managed by one individual who is responsible for all obligations. <br> – There is no limited liability. <br> – Requires a license from local authorities.
Branch of a foreign companyThe foreign parent company can fully own the branch. <br> – A license must be obtained from the Economic Department. <br> – The branch must be specialized in the commercial activity of the parent company.
Limited liability company in the free zone– Activities are limited to within the free zone. <br> – Shareholders can be entirely foreign. <br> – Provides tax benefits and commercial facilities.
Joint Venture– A partnership between two or more companies to achieve a specific project. <br> – The partnership can be limited or unlimited according to agreement.

The requirements and procedures for establishing each type of company differ, so it is best to consult a specialist or visit the relevant authorities to obtain accurate and comprehensive information related to the type of company you wish to establish.

 

Conditions for establishing a company in the Emirates

Establishing a company in the UAE requires adherence to a set of basic conditions that ensure that the process is compatible with local laws and regulations. These conditions include:

  1. Choosing the legal form of the company : You must determine the appropriate type of company (such as a limited liability company (LLC), a private joint stock company, a public joint stock company, or a branch of a foreign company), as each type differs in requirements and conditions.
  2. Commercial Registration : The company must be registered with the local economic department or the competent authority in the free zone in which the company will be established.
  3. Licenses : Obtaining the appropriate commercial or industrial license based on the company’s commercial activity. Licenses can be from the Economic Department in a specific emirate or from government agencies in free zones.
  4. Minimum capital : Determine the required capital based on the type of company and business activity. Some companies may require a minimum amount of capital, especially limited liability companies.
  5. Memorandum of Association and Articles of Association : Preparing and documenting the Memorandum of Association and Articles of Association of the company, and registering them with the relevant authorities.
  6. Company address : Providing a fixed business address for the company, which could be a rental office or property headquarters.
  7. Directors and Shareholders : Appointing directors and shareholders and submitting documents proving their identities. They may be required to submit passports, birth certificates, or documents proving their legal status.
  8. Opening a bank account : Opening a bank account for the company in one of the local banks and submitting documents proving the company’s establishment and capital.
  9. Work visas : Obtaining work visas for employees and managers through the Immigration Department and the relevant authorities.
  10. Tax Compliance : Registration for tax purposes, including VAT (if the business requires it), and compliance with local tax laws.
  11. Insurance : Ensure that the necessary insurance is obtained, such as civil liability insurance or health insurance for employees.

Compliance with these conditions helps ensure that the company establishment process runs smoothly and is compatible with the regulations in force in the UAE.

 

Types

Types of companies in the Emirates

 

Documents required to establish a company in the Emirates

To establish a company in the UAE , you need to submit a set of documents and essential documents to ensure that all legal and administrative requirements are met. Paperwork required usually includes:

  1. Articles of Association and Articles of Association : Legal documents detailing the company, including the company name, type, business activity, and capital. These documents must be authenticated by a notary or the concerned authority.
  2. Registration applications : Company registration forms provided by the local economic department or the competent authority in the free zone.
  3. Copies of passports : Colored and certified copies of passports of founders, directors and shareholders.
  4. Personal photos : Recent personal photos of the founders and directors.
  5. Lease contract : A lease contract for the company’s headquarters or documents proving ownership of the site. The contract must be registered with the relevant authorities.
  6. Bank certificates : Certificates from the bank proving the deposit of the capital required to establish the company. Some businesses may require a minimum amount of capital.
  7. Approval letter : If there are foreign investors, you may need a letter of approval from the Federal Authority for Identity and Citizenship or the competent authorities.
  8. Activities license : Licenses for the required commercial activity, which vary according to the type of activity and the legal form of the company.
  9. Notarization certificates : It may be necessary to submit legal documents such as notarization certificates for legal and administrative documents.
  10. Health Insurance : Documents proving obtaining health insurance for employees if required.
  11. Legal representation : In the event that there is a legal agent, an official power of attorney must be provided by the founders to the agent to follow up on the procedures on their behalf.

Requirements vary slightly depending on the type of company and where it is established, so it is important to check the exact details with the entity responsible for registering companies in the UAE or in the free zone in question.

In conclusion, establishing a company in the UAE is a strategic step that requires careful steps and a comprehensive understanding of the legal and administrative requirements. The UAE offers a dynamic and encouraging business environment, characterized by broad investment opportunities, tax advantages, and unprecedented commercial facilities. By choosing the appropriate type of company, completing the required documents, and obtaining the necessary licenses, investors and businessmen can successfully establish their companies and benefit from the distinctive economic climate that the country provides. To ensure the smooth and effective implementation of the process, it is recommended to cooperate with specialized consultants and follow the latest laws and legislation. In this way, business goals can be achieved and opportunities can be taken advantage of in one of the most growing and prosperous markets in the world.

 

Frequently asked questions about establishing a company in the Emirates

Can foreigners establish a company entirely in the UAE?

Yes, foreigners can establish a company entirely in free zones. In internal regions, a local partner who owns 51% of the shares is often required.

What is the minimum capital required to establish a company in the UAE?

The minimum capital varies depending on the type of company and business activity. Some companies may require specific capital, while requirements can be lower in some free zones.

Should the company have a physical office in the UAE?

Yes, the company must have a fixed business address, whether it is a rental office or a property headquarters.

How can I obtain the necessary licenses to establish a company?

An application must be submitted to obtain licenses from the local economic department or the competent authority in the free zone, along with submitting the required documents and meeting the legal requirements.