Advice On Entity Structures
Advice On Entity Structures
Choosing the right entity structure in the UAE is a crucial decision that depends on various factors such as the nature of your business, ownership preferences, and the activities you plan to undertake. Here is some general advice on different entity structures commonly used in the UAE:
Limited Liability Company (LLC):
- Advantages:
- Allows foreign ownership with a local partner holding at least 51% of shares.
- Suitable for a wide range of business activities.
- Provides a legal presence in the UAE.
- Considerations:
- Requires a local partner, which may limit control for foreign investors.
- Certain business activities may have additional ownership restrictions.
- Advantages:
Free Zone Company:
- Advantages:
- 100% foreign ownership allowed.
- Tax incentives and exemptions from import and export duties.
- Simplified regulatory procedures.
- Considerations:
- Restricted to operating within the free zone and may require a local distributor for sales within the UAE.
- Limited business activities compared to mainland companies.
- Advantages:
Offshore Company:
- Advantages:
- Ideal for international businesses and asset holding.
- 100% foreign ownership allowed.
- No requirement for a local partner or office space in the UAE.
- Considerations:
- Restricted from conducting business within the UAE.
- Limited activities to those outlined in the license.
- Advantages:
Branch of a Foreign Company:
- Advantages:
- Allows an existing foreign company to establish a presence in the UAE.
- 100% ownership by the parent company.
- Can bid for projects in the UAE.
- Considerations:
- Subject to the same ownership restrictions as the parent company.
- Required to appoint a local service agent or sponsor.
- Advantages:
Joint Venture:
- Advantages:
- Collaboration with a local partner can provide insights into the local market.
- Shared financial responsibilities and risks.
- Considerations:
- Requires a strong partnership agreement to define roles and responsibilities.
- Profit-sharing arrangements need to be clearly outlined.
- Advantages:
Sole Establishment:
- Advantages:
- Full control and ownership by an individual.
- Simple and straightforward structure.
- Considerations:
- Limited to certain professional activities.
- Personal liability for business debts.
- Advantages:
Public Joint Stock Company (PJSC):
- Advantages:
- Can be listed on the stock exchange.
- Allows for public share trading.
- Considerations:
- Requires a minimum number of shareholders.
- Subject to strict regulatory and disclosure requirements.
- Advantages:
General Advice:
Legal Consultation: Seek legal advice to understand the specific regulations and requirements relevant to your industry and chosen entity structure.
Business Activities: Choose an entity structure that aligns with the nature of your business activities.
Ownership Considerations: Consider the ownership restrictions and preferences, especially if foreign ownership is a crucial factor.
Location: Consider whether you want to operate in a specific emirate, within a free zone, or with a more unrestricted presence across the UAE.
Future Growth: Choose a structure that allows for future expansion or modifications to your business activities.
Compliance: Ensure compliance with all relevant laws and regulations to avoid legal complications.
It’s advisable to work with professional advisors, such as legal consultants and business setup experts, to navigate the complexities of the UAE’s business environment and choose the most suitable entity structure for your specific needs.
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