Starting a business in Dubai is a good idea, but for your business to thrive, you need to know the legal procedures of starting a business in Dubai. It is not easy to determine the legal requirements for Dubai formation and legal compliance, especially for those who are new in the market. But when one is well-informed and with the help of a professional, it is very easy to set up a company in Dubai.
In this blog, we will guide you through the most important aspects of legal compliance when it comes to Dubai formation and how partnering with AB Capital Services can make the process easier and still be fully compliant with the laws of Dubai.
Understanding Dubai’s Legal Structure for Business Formation
Before diving into the steps required for setting up a business in Dubai, it’s important to understand that the city’s business landscape is divided into two main jurisdictions: the Mainland and the Free Zones.
- Mainland: Companies incorporated in the mainland are governed by the Department of Economic Development (DED). Mainland companies are allowed to invest in Dubai and the rest of the UAE market. However, there are some activities that need local partner, which means that the company should be owned by not less than 51% by the UAE national.
- Free Zones: Free zones, on the other hand, are SEZs that allow 100% FDI and a host of tax exemptions. Nevertheless, companies that are located in free zones are allowed to trade only within the free zone or with other countries, although they can work with a local supplier for the mainland.
The choice between mainland and free zone formation will determine your legal obligations. AB Capital Services, with its vast experience, assists the entrepreneurs in choosing the right structure depending on their business objectives and make sure that all the legal requirements are met.
1. Trade Name Formation
The first thing that a foreign investor has to do when it comes to Dubai’s formation and legal compliance is to select the appropriate trade name for the company. There are certain rules and regulations that are followed in Dubai for the trade names and some of them are prohibited to be used. For instance, your company name should not be obscene or vulgar, and it should not be associated with any religion or political party. Also, if the name is included in the name, then it has to be the full name and not the surname only.
After choosing a name, it has to be approved and registered with the Department of Economic Development (DED) or the free zone authority in which the business will be established. If you need help in choosing a trade name that meets the legal requirements of Dubai and its formation, AB Capital will be glad to help.
2. Obtaining the Right Business License
The next step after registering your trade name is to get a business license. Dubai has different types of licenses depending on the kind of business that one wants to undertake. The most common types include:The most common types include:
- Commercial License: For companies engaging in trading activities.
- Professional License: For businesses providing professional services, such as consultancy or accounting.
- Industrial License: For businesses involved in manufacturing or production activities.
Every license has its own Dubai’s formation and legal compliance and some activities may need other permits or approvals from the concerned government bodies. When you engage the services of AB Capital Services, you are assured of applying for the correct business license, getting the right permits and meeting all the compliance requirements in the process.
3. Drafting and Attesting the Memorandum of Association (MOA)
For the companies that opt to operate in the mainland, the Memorandum of Association (MOA) is a very important document. This document contains the business activities of the company, shareholders’ interest and their respective rights in the company. The MOA has to be prepared in accordance with the laws of the UAE and the company laws and has to be notarized.
Free zone companies usually have their own articles of association which are not as strict as those of the local companies but still have to follow the rules and regulations of the free zone. AB Capital Services has a lot of experience in writing compliant MOA documents and guarantee that your business will be in compliance with the law from the very beginning.
4. Ensuring Visa and Immigration Compliance
Yet another factor that is crucial when it comes to legal requirements for Dubai formation is the visa and immigration issues concerning oneself, employees, and investors. Depending on the size and nature of your company, you will have to obtain work permits for all the employees, and residency permits for the company owners and their dependents.
Every free zone and the mainland has its visa limits, and it is important to know these limits when planning your workforce. AB Capital Services offers professional services in visa application and processing, as well as legal compliance to all the labor laws of the UAE.
5. Securing Office Space as per Legal Requirements
In both the free zone and the mainland, it is mandatory to obtain a physical or a virtual office for your business. The size of the office space that you will lease will depend on the number of visas you wish to apply for, and each visa quota is proportional to the size of the office.
Dubai business laws also provide that any business should have a branch or an office in the UAE. Some of the free zones provide cheap ‘flexi-desk’ solutions which are compliant with the legal provision without the need for large office space. AB Capital assists business owners in identifying the least expensive office options and guaranteeing that you are compliant with the law while doing so.
6. Opening a Corporate Bank Account
Incorporation of a corporate bank account is one of the legal requirements when registering a business in Dubai. To open a business bank account, you will be required to produce several documents such as the trade license, information of the shareholders, and the company’s memorandum and articles of association. Banks in Dubai have strict compliance procedures and may request for further documents based on the type of business.
New businesses may find it difficult to penetrate the banking system of Dubai but with the help of AB Capital Services, clients can select the right banking partner and assist them in filling out the necessary documents properly.
7. Maintaining Annual Compliance
However, it is crucial to know the ongoing legal requirements that your business has to meet after starting the business in Dubai. These are such things as preparing and submitting annual financial reports, obtaining business licenses, and following the labor laws on employment contracts and remunerations.
Noncompliance with these requirements may lead to fines, cessation of your commercial operations, or revocation of your business license. AB Capital Services offers compliance services to help your business stay in compliance with the laws of Dubai throughout the company’s activities.
8. AB Capital FTA Certified Agency: Your Partner in Dubai Business Formation
It is essential to know the legal requirements that are involved in the Dubai formation process for any business person who wants to venture into the city. Due to the numerous regulations, permits, and approvals that are needed, it becomes very complicated to go through the process without the help of professionals.
This is where AB Capital Services comes in. Being a reliable partner, AB Capital offers a full range of services to the clients who decided to start their activity in Dubai. Starting from choosing the correct business type and acquiring all the permits to guaranteeing complete legal compliance and managing visas, AB Capital is your one-stop solution for formation in Dubai.
Regardless of whether you are a start-up, an SME or a large corporation, AB Capital has solutions that are unique to your business. Their team of experts is well acquainted with the legal requirements of Dubai and therefore assists in avoiding the loopholes that may be detrimental to your business and guarantees the success of your business in the long run.
Conclusion
It is not easy to determine the legal requirements that one has to meet when setting up a business in Dubai but with the right strategy and assistance, the process can be very efficient. This way, you will be aware of the basic legalities of doing business in Dubai; choosing the right business structure, getting the right license, visas, and compliance that you need to meet periodically.
Partnering with AB Capital will ensure that your company meets all the necessary legal obligations while helping you focus on what truly matters: expanding your business in one of the most vibrant and fast-growing economies in the world. For more details on how to begin, please visit AB Capital Services today and begin your successful business venture in Dubai.
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