, How to Start a Business Legally in Dubai ~ CS GAURAV SHARMA

July 11, 2017

How to Start a Business Legally in Dubai


Post by Tanu Puri 


Types of Business in Dubai
Ø  Offshore company
Ø  Onshore Company
Ø  Free Zone Company



OFFSHORE COMPANY                     
ü  For operating outside Dubai
ü  No licence required
ü  No Corporate Tax
ü  Require virtual office
ü  Anyone can be shareholder or Director 
ü  Easiest formation procedure
ü  Lowest cost
ONSHORE COMPANY
ü  For operating inside Dubai
ü  Licence required
ü  Corporate Tax shall apply
ü  Require real office
ü  Require UAE shareholder 
ü  More difficult formation procedure
ü  High cost
FREE ZONE COMPANY
ü  For operating inside & outside Dubai
ü  Licence required
ü  No Corporate Tax
ü  Require real office / warehouse
ü  Anyone can be shareholder or Director 
ü  Medium difficult formation procedure
ü  Medium cost



Requirements to open a company in Dubai

When setting up a Company in Dubai, foreign investors must take into account the following:

·         the minimum share capital requirements,
·         the shareholding structure,
·          the business licensing requirements.


SHARE CAPITAL REQUIREMENTS

The Commercial Law does not require Dubai limited liability companies to deposit a minimum share capital before registration, therefore the shareholders will decide the amount they need to help them reach their goals. For joint stock companies, there are different share capital requirements depending on the business they will undertake:
- public companies will require a minimum share capital of 10 million AED,
- insurance and investment companies will require a minimum share capital of 25 million AED,
- financial institutions require a minimum share capital of 40 million AED.
BUSINESS LICENSE REQUIREMENT

The Dubai Chamber of Commerce and Industry (DCCI) issues the following types of business licenses:
·         commercial or trade licenses,
·         industrial licenses,
·         professional licenses.

OTHER REQUIREMENTS

Other requirements for establishing a company in Dubai are:

·         drafting and notarizing the company’s memorandum and articles of association,
·         opening a corporate bank account,
·         registering native workers with the Ministry of Labour,
·         registering native workers with the social security authorities.


OFFSHORE COMPANIES

Opening an Off-shore Company is an ideal, tax efficient and cost effective structure for entrepreneur who wish to conduct international trade.
An off-shore entity is referred to as a non-resident paper company that allows foreign entrepreneurs to serve Africa and middle east without administrative obligations. An off-shore business is simply a wholly owned Limited liability company which is legally tax exempt and has no annual accounting and tax obligations.
Off-shore company is used for
1.       International trading
2.       Holding company
3.       Shipping company
4.       Real estate
5.       Registering copyrights and patents
6.       International consulting services
An off-shore Company in Dubai is governed by the Jebel Ali Free Zone Offshore Companies Regulations 2003.


ADVANTAGES OF DUBAI OFF-SHORE COMPANY
1.       An Off-shore Company is quick and simple to set up in Dubai as compared to other type of Businesses in Dubai.
2.       If properly incorporated, an off-shore company in Dubai is exempted from Corporate Taxes.
3.       An off-shore company in Dubai portrays a good image to clients, suppliers and even potential venture capitalists.
4.       In Dubai, off-shore companies are exempt from all the annual accounting and tax obligations.
5.       The shareholders and Directors of an off-shore company are not required to register their name and detail for public record.

DISADVANTAGES
1.       A Dubai off-shore company is not allowed to trade in Dubai and UAE.
2.       The off-shore company can neither
i)                    Rent local premises in UAE
ii)                   Nor employ staff in UAE
iii)                 Nor secure residence for staff
3.       Incorporating an off-shore company is quiet expensive.
4.       A Dubai off-shore company cannot invest in UAE real estate.
5.       The off-shore company cannot use UAE’s double taxation treaties to reduce global withholding taxes.

ONSHORE COMPANY

Types of Dubai onshore companies

According to the Companies Law in Dubaionshore companies may be incorporated under different forms among which limited liability companies, private and public shareholding companies. Foreign companies also have the possibility of registering branch offices or subsidiaries as onshore companies in Dubai. All types of onshore companies have different shareholding structure and share capital requirements as it follows:
·          Dubai limited liability companies must have at least one UAE national partner holding at least 51% of the paid-up capital,
·         free zone companies allow 100% foreign ownership.
·         Licensing requirements are applicable to all types of companies.
ADVANTAGES
1.     Simple regulatory system,
2.     Tax-free economy,
3.     Lack of capital gains and corporate tax in Dubai,
4.     Possibility of owning real estate,
5.     Multiple currency available bank account for companies,
6.     Skilled Dubai workforce.

FREE ZONE COMPANY

 A free zone company must have a trade license in the activity of its intended business. This license must be renewed every year.
It must have an office in its own name in the Free Zone – rented and to be renewed every year.
It must have a Manager authorized to act as the legal representative of the company.
It must have at least one shareholder and the mandated share capital. It must not trade outside the free zone without a local distributor.

ADVANTAGES OF DUBAI FREE ZONE COMPANY
  1. 100% foreign ownership
  2. 100% repatriation of capital and profits
  3. 100% free transfer of funds
  4. 100% exemption of import and export duties if you are not going to bring the goods into the UAE.
  5. Free zone company formation is quicker than incorporation outside of the free zones.
  6. Easy recruitment procedures
  7. 25 years lease options, warehouse facilities, availability of areas for production and assembling.

DISADVANTAGES

1.       free zone company in UAE is not allowed to trade directly with the UAE market. The free zone company can undertake trading business within the UAE only through locally appointed distributors. Customs Duty of 5%, currently, is applicable for bringing the goods in for local business.
2.       All free zones provide attractive schemes for the benefit of investors. But they are different from each other. Therefore, it will be worthwhile to study the facilities offered by each, one by one.
  for any information for registering company in Dubai query contact us on 999-0694-230