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Company setup

Company setup in Dubai
Overview

Company setup in Dubai

Dubai is the business hub of the entire Middle East. It is located in the northeastern region of the United Arab Emirates. Its economy is among the fastest growing in the world. The real estate, tourism, trade, and financial services sectors contribute most to its GDP.

Although the UAE's economic base was initially based on oil exports, today this trade represents only a small percentage of gross domestic product.

Dubai has earned its reputation as the UAE's major commercial hub. This is due to its favorable business climate and strategic geographic location. It offers companies and individual entrepreneurs easy operating conditions, asset protection, limited liability, a high level of privacy, and numerous tax exemptions.

Furthermore, it offers businesses enormous growth prospects thanks to its unique liberalization policies. It is a diversified market located in one of the richest and most prosperous regions in the world. There are no hidden trade barriers, controls, or quotas. Furthermore, it is easily accessible. In fact, approximately 90 airlines and 170 shipping companies operate here.

Trading Company

Setting up a trading company in Dubai

In recent decades, there has been tremendous growth in the business and financial sectors. Sectors such as trade and logistics have also shown notable growth. Therefore, starting a trading company in Dubai is a lucrative investment .

There are several steps to follow to obtain a trading company license.

Choose the jurisdiction

The market is divided into three jurisdictions: free zones, offshore, and mainland. There are currently 48 free zones. Free zones offer 100% tax exemption on corporate and personal income and 100% ownership for investors. In the mainland, since 2020, many categories no longer require a 51% local partner. An offshore company is a company headquartered in a country other than the investor's country of residence.

Legal formalities

Obtaining a trading company license is very important as it establishes your business as a legal entity. A company that trades, imports, and exports requires a business license.

The steps to obtain a general business license are as follows:

  • choosing a business name;
  • business plan development;
  • request for initial approval from the DED (Department of Economic Development);
  • drafting and signing by members of the Memorandum of Association (MOA);
  • choosing a commercial location with a lease agreement;
  • application submission to the DED;
  • payment of license fees.

The documents required to obtain a trading company license in Dubai are as follows:

  • license request signed by managers or legal representatives;
  • memorandum of association;
  • company name approval letter certified by DED;
  • copy of passport

Once these documents are submitted, officials will review them and, if everything is in order, add the company name to the commercial register. The DED will forward the documents to the Federal Ministry of Economic Affairs for publication. The ministry will issue a letter of approval upon successful publication.

Free Zone

Setting up a company in the Dubai freezone

Unlike companies established on the mainland, choosing a freezone offers several advantages. First and foremost, there's no local shareholder and, consequently, full ownership of the company for a foreign citizen.

The first step in starting a business in the free zone is to decide on the type of business you want to conduct, as this will affect where you can register your company. The type of license will also depend on the type of business you want to start.

However, it does have some rather specific requirements regarding what activities are allowed under certain licenses, so the best advice is to work with a business formation specialist to ensure you follow a proper process.

Once you've decided on the type of business activity, you need to determine which free zone is best for you. There are specific free zones for different businesses: ICT, manufacturing, design, outsourcing, media, maritime, science, and finance are just some of the sectors served by specific free zones.

Choosing a company name

Choosing a company name is a delicate step. This is both because the name is important for branding and marketing purposes, but also because in Dubai, certain parameters must be met.

For example, any language considered blasphemous or referencing religious or political organizations must be avoided. The name must also be available, meaning there must be no other company in the Emirate with the same business name.

License Request

Applying for an application is the first real step in opening a business in Dubai. The documents required to establish a Dubai Free Zone company will depend on the type of license you wish to obtain.

As a general rule, these are the documents required in any case:

  • color copy of passport;
  • application form;
  • business plan;
  • memorandum and company bylaws.

If you are a freelancer, you may be asked to submit orders or commissions for work or consultancy.

Holding Company

Setting up a holding company

Establishing a holding company offers a number of advantages, such as tax exemptions, reliable protection of foreign assets, and the possibility of accessing local benefits.

Under the Dubai Company Act, foreign investors can establish a holding company in various forms. However, a holding company is not authorized to engage in commercial activities such as providing services or manufacturing goods. The main advantage of a holding company is that it allows its owners to control other companies.

In Dubai, different types of holding companies can be set up, such as:

  • onshore holding company
  • holding in the freezone

Depending on the corporate structure, the holding company must appoint at least one director or a board of directors.

Requirements

Requirements for establishing a holding company

Every company, whether holding or not, must follow the rules set forth in corporate law. Holding companies must comply with the following:

  • establishment of a board of directors that will be responsible for creating rules and regulations and organizing the controlled companies;
  • the board will supervise the activities of the controlled companies;
  • the shareholders of the holding company must have a director in each subsidiary;
  • the holding company must ensure that its subsidiaries have the capital necessary to operate successfully;
  • the holding company must set limits on the risks that subsidiaries can take on, such as foreign currency and other industry risks;
  • The holding company decides the terms of branch agreements and contracts

It's also important to remember that it's a good idea to have written legal agreements in place to protect your business in the event of legal issues. Agreements and written documents are like contracts between the parties involved and must be drafted to reflect the material issues.