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COMPANY INCORPORATION IN UAE/ DUBAI

 

Jotwani Associates assists individuals and corporations to incorporate a Company in UAE and open a bank account. We have extensive expertise in setting up Mainland Company and Freezone Company in UAE. The first stage in company incorporation in the UAE is deciding whether to create a Mainland or Freezone company.

 

Mainland Company: is an economic zone monitored by the Department of Economic Development (DED). In the case of Mainland Company, one needs to have a physical office with a minimum required space of 200 square feet. A sponsor, who is a UAE resident, is required for the establishment of a mainland company.   The shareholding pattern will differ between Trade and Service Activities. In a Trade Activity setup, for certain activities, the shareholder (UAE national) would own 51% while the expat shareholder would own 49%. On the other hand, in a Service Activity setup, the foreign national would be able to own 100% of the company.

 

Freezone Company: is a special economic zone providing regional benefits. An independent government or non-government free zone entities monitor Freezone Companies. Business setup in Freezone can be owned by 100% foreign ownership. In the case of Freezone Company, one can have a virtual office, as the requirement of a physical office is not mandatory.

 

Businesses will be liable to UAE Corporate Tax beginning with their first fiscal year that begins on or after June 1, 2023, in accordance with UAE Federal Decree-Law No. 47 of 2022 on Taxation of Corporations and Businesses (“Corporate Tax Law”).

The following information will be required from your end to incorporate a company in UAE.

  1. Choosing whether to incorporate a Mainland or Freezone company is the first stage.
  2. The next stage is to decide what type of business activity the prospective company will engage in after deciding whether to incorporate the Mainland firm or the Freezone Company.UAE provides investors and business owners with various business licences based on the type of operation, including commercial trade, eCommerce, warehousing, manufacturing, consulting services, education, and others.  Therefore, let us know the type of business this company will do in UAE.Based on the information provided by you, Jotwani Associates shall apply for a business license(s) for the proposed company by applying in compliance with the commercial activities the proposed company plans to engage in based on the nature of the intended business activity of the Company.
  3. Suggest us the name of the proposed company. We will reserve the company name with two (2) names in order of your preference. 
  4. The next stage is to choose the prospective Company’s location and commercial space in the United Arab Emirates. In the case of Mainland Companies, a physical location in the UAE is required, but, as was already indicated, a physical site is optional for Freezone Companies.

DOCUMENTS REQUIRED IN CASE THE OWNER/ SHAREHOLDER OF THE PROPOSED COMPANY IS A LEGAL ENTITY (Company)
 
  1. Certificate of Incorporation/Registration of the parent foreign company
  2. Articles and Memorandum of Association – of the parent foreign company
  3. Board Resolution – draft shall be provided later upon confirmation of the assignment (and to be printed on the letterhead of the parent company, duly signed by the authorized signatory of the parent company and to be stamped and then after full legalization to be completed.
  4. Certificate of Good Standing/Incumbency – of the parent company. This is issued by a CPA or Auditor of the company.
  5. Passport copy of the proposed licensed manager, director, and secretary of the company (specs as below) Clear colour copy with all 4 corners showing, no obstruction on the passport copy
  6. Photograph of the proposed licensed manager, director, and secretary of the company (specs as below)
    • Directly facing the camera + color photo with white background + no teeth showing
    • No jewellery, eyewear, hats or accessories in the photograph, but head and shoulders showing
  7. At last, please confirm if you (who shall be the licensed manager, director and secretary of the company have  travelled to Dubai in the past — if yes, then please share a copy of the last tourist/visit visa page in clear colour PDF format.

DOCUMENTS REQUIRED IN CASE OF INDIVIDUAL/ HUMAN BEING ARE THE SHAREHOLDER/ OWNER OF THE COMPANY

  1. Passport copy of the proposed licensed manager, director, and secretary of the proposed company (specs as below)
    Clear colour copy with all 4 corners showing, no obstruction on the passport copy
  2. Photograph of the proposed licensed manager, director, and secretary of the company (specs as below)
    •   Directly facing the camera + color photo with white background + no teeth showing
    • No jewellery, eyewear, hats or accessories in the photograph, but head and shoulders showing
  3. The Ministry of UAE may require any other KYC documents. 

 

At last, please confirm if you (who shall be the licensed manager, director and secretary of the company have travelled to Dubai in the past — if yes, then please share a copy of the last tourist/visit visa page in clear colour PDF format.

 

Estimated time: Approximately as below.

  • 4 weeks for company incorporation after submission of each required document
  • 2 weeks to obtain approval on the UAE residence visa (entry visa employment permit)
  • 4 – 6 weeks to obtain approval on the company bank account opening
 
 
               

What is Certificate of Incorporation in UAE/Dubai

The Certificate of Incorporation is one of the most crucial documents when starting a business in the United Arab Emirates (UAE)/Dubai. An incorporation certificate is a document that is issued by a regulatory agency or governing body that certifies the establishment of a company or business. The documentation is issued by the United Arab Emirates’ Department of Economic Development (DED) or the Free Zone authorities where the company is based.

The Certificate of Incorporation, to put it simply, attests to the business’s legal standing. It proves that the company was legally established and registered in compliance with UAE/Dubai laws.

Advantages of Owning a Certificate of Incorporation in UAE/Dubai

In the United Arab Emirates (UAE) or Dubai, companies must have a Certificate of Incorporation to do business. This certificate is necessary for various activities like opening bank accounts, renting offices and getting permits for directors, shareholders and employees. It is also needed for receiving contracts.

 

The main advantage of having a Certificate of Incorporation is that it protects companies from individual responsibility. This means that board members and shareholders are not personally liable for any financial or legal problems the company might face.

 

One other advantage of possessing a Certificate of Incorporation is that it makes ownership transfers easier. This simplifies the process, particularly for businesses that have share structures.

Avoid these common blunders while applying for a UAE/Dubai Certificate of Corporation

In the UAE/Dubai, obtaining a Certificate of Incorporation might be difficult. Businesses can make mistakes, even in the case of the most careful planning. When applying for an incorporation certificate, you can save time, money, effort and resources by avoiding the frequent blunders.

Including missing or inadequate documentation with an application is one of the most frequent blunders. Always adhere to the checklist that the DED or Free Zone administration provides. Also think about consulting with professionals that are knowledgeable about the company registration procedures in the UAE/Dubai, such Trade License Zone.

Another typical error to avoid is selecting a business name that is already in use or goes against UAE/Dubai naming conventions. This can result in an instant refusal. Make sure a business name complies with the unique naming conventions of the United Arab Emirates by thoroughly verifying its availability before deciding on it.

The highly skilled staff at Jotwani Associates is prepared to assist you in this process so that you can save time, money, effort and resources. Reach out to us right now.

Detailed Process for Business Incorporation in UAE/Dubai

1. Select an appropriate business structure.

In Dubai/UAE, there are a total of three primary categories of company structures i.e. offshore, free zone and mainland corporations. Every structure has benefits and drawbacks of its own. Therefore, it is critical to select the best one for your company.

 

UAE/Dubai corporate tax and other laws apply to mainland businesses. They are nevertheless able to own property on the mainland and operate freely within the United Arab Emirates.

Companies operating in free zones are exempted from UAE corporation tax and other laws. They are unable to own land on the mainland, though, and can only transact within the free zone.

The UAE does not impose corporate tax or other laws on offshore enterprises. Anywhere in the world, they are able to trade freely.

2. Register the name of your company.

It is necessary for you to register the Department of Economic Development (DED) with your business name. The name must be original and cannot be the same as the name of any other company that already exists.

3. Get a license for your company.

Your company activity will determine the kind of license you require.

4. Obtain visas for your staff members and yourself.

To live and work in UAE/Dubai as a foreign investor, you must get a visa. Additionally, your staff will require visas.

5. Lease or rent a place of business.

For your company, you will require a workplace, either through lease or rent.

6. Configure your system for bookkeeping and accounting.

To manage your money, you will need to build up an accounting and financial reporting system.

7. Promote your company.

You must market your company to draw clients after it is up and operating.

UAE/Dubai Company Registration Eligibility Standards

The requirements for setting up a business in Dubai, United Arab Emirates (UAE), differ based on the nature of the enterprise and the free zone or mainland where the business is to be registered. But a few of the standard requirements for eligibility are as follows:

 

  • Age: In the UAE, establishing an organization requires you to be at least eighteen years old.
  • Citizenship: There are no limitations on nationality while establishing a company in the United Arab Emirates (UAE)/Dubai. Certain free zones, nevertheless, might have particular guidelinesfor international investment.
  • Criminal history: You cannot be convicted of a crime in the UAE or anywhere else.
  • Capital: To establish and run your company, you need to have the required capital.
  • Business Strategy: A well-crafted company strategy that delineates your objectives and tactics is vital.
  • Residential visa: In order to live while employed in the United Arab Emirates (UAE), you must get a resident visa if you are not a citizen of the country.