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Requirements for establishing a company branch in Dubai

Requirements for establishing a company branch in Dubai

٠٨ فبراير Requirements for establishing a company branch in Dubai

Requirements for Establishing a Branch in Dubai: Establishing a branch in Dubai represents an important strategic step for many foreign companies seeking to expand into Middle Eastern markets. Dubai is an ideal business environment, offering numerous investment and commercial opportunities thanks to its advanced infrastructure, favorable legal environment, and geographical location, which makes it a gateway to other markets in the region. To establish a branch of a foreign company in Dubai, investors and relevant authorities must adhere to a set of requirements to ensure compliance with all local laws and regulations. Choosing the appropriate legal form for the branch is the first step, as the branch can be affiliated with the parent company or operate under specific licenses based on the planned business activities. This then requires obtaining the commercial licenses that allow the parent company to expand its operations in Dubai. This requires providing specific legal and professional documents. This includes the articles of association, the lease agreement for the premises, bank account details, and the submission of various approvals from the relevant government agencies. Furthermore, parent companies must be able to present a business plan outlining their strategic objectives in Dubai, which helps local authorities assess the project’s feasibility. Companies’ compliance with these requirements ensures a speedy branch registration process and enables them to commence business operations on time. In partnership with Itqan, which has extensive experience in this field, companies can obtain the legal and administrative advice necessary to establish a branch with ease.

Requirements for establishing a company branch in Dubai
Requirements for establishing a company branch in Dubai

Legal Requirements for Establishing a Branch in Dubai

Establishing a branch of a foreign company in Dubai is an attractive investment option for many companies seeking to expand into the Middle East and Gulf markets. As a global business hub, Dubai offers a business-friendly environment with advanced infrastructure and relatively flexible legal procedures for foreign investors. However, despite these facilities, there are certain legal requirements that companies must adhere to when establishing a branch in Dubai. This requires a thorough understanding of the legal procedures and formal requirements set by local authorities, whether in free zones or in the Dubai mainland.

Legal Requirements for Establishing a Branch in Dubai:

Appropriate Licensing: Foreign companies must obtain a license from the Dubai Department of Economic Development or the relevant local authority. If the branch is established in a free zone, the branch obtains the license from the relevant free zone authority.

Permitted Activities: The parent company must specify the business activities that its branch wishes to conduct in Dubai. Typically, the activities conducted in Dubai must be similar to those conducted by the parent company in its home country.
Submitting Legal Documents: Opening a branch requires submitting several documents, such as a copy of the parent company’s commercial registration, articles of association, previous licenses, a letter from the parent company expressing its desire to open a branch in Dubai, and details about the branch’s organizational structure and management.
Local Address: The branch must have a local headquarters in Dubai, which requires submitting an official lease for an office or commercial premises specifying the location of the branch.
Local Agent: In some cases, the law may require a local agent to represent the branch in Dubai, particularly for commercial activities that require local supervision.
Local Employees: Some companies establishing branches in Dubai may be required to hire local employees as part of their compliance with local laws, in accordance with UAE labor laws.
Management Structure: The branch must identify the individuals authorized to sign documents and handle financial matters on behalf of the parent company, determining who will be responsible for managing the branch.
Taxes and Financial Obligations: The branch must comply with Dubai’s applicable tax laws, which include submitting regular financial reports and complying with local tax policies. Establishing a branch of a foreign company in Dubai requires a set of legal requirements and compliance with local laws to ensure smooth business operations in accordance with regulatory standards.

Requirements for establishing a company branch in Dubai
Requirements for establishing a company branch in Dubai

Licenses Required to Establish a Company in Dubai

Dubai is one of the most prominent business destinations in the Middle East, boasting an attractive business environment that offers numerous opportunities for foreign investors. When considering establishing a company in Dubai, choosing the appropriate business license is an essential step to ensure compliance with local laws and business success. There are various types of business licenses in Dubai depending on the type of business activity and location, and they vary from one area to another, whether in free zones or in the Dubai mainland. Obtaining a business license requires a set of legal procedures, and companies must follow these procedures carefully to obtain the necessary approvals.

Licenses Required to Establish a Company in Dubai:

Business License in Dubai Mainland: Establishing a company in the Dubai mainland requires obtaining a business license from the Department of Economic Development (DED), which allows the company to engage in commercial activities in Dubai’s open markets. This license includes activities such as general trade, contracting, manufacturing, and professional services.
Industrial License: This license is granted to companies wishing to engage in industrial activities such as manufacturing and assembly. This license requires companies to adhere to specific environmental standards and quality control procedures.
Professional License: This license is granted to individuals and companies providing professional services such as law, consulting, accounting, design, and engineering. Obtaining a professional license requires academic and technical qualifications and professional certifications.
Free Zone Commercial License: This license is issued by the authorities responsible for free zones in Dubai, such as Dubai Silicon Oasis, Dubai Media City, Dubai Healthcare City, and others. These licenses provide foreign companies with benefits such as tax exemptions, full ownership, and ease of business establishment.
Tourism License: This license is required for companies operating in the tourism sector, such as hotels, travel companies, and travel agencies. To obtain a tourism license, companies must comply with local laws related to tourism, such as accommodation standards and tourism services.
Marine or Aviation License: This license is granted to companies operating in the maritime or air transport sector, such as shipping and maritime transport companies and air travel agencies. These companies are required to obtain additional approvals from relevant authorities, such as the Maritime Transport Authority or the Civil Aviation Authority.
Agricultural or Environmental License: This license is granted to companies operating in the agricultural sector, such as agricultural production companies or environmental protection companies. The environmental license requires compliance with a set of environmental standards and local regulations to ensure business sustainability.
Obtaining the appropriate commercial license is an essential part of the process of establishing a company in Dubai. Investors should study the various licenses available depending on their type of activity and the location in which they intend to establish their company and work to apply for the license that best suits their needs.

Documents Required to Establish a Company in Dubai

Establishing a company in Dubai is a strategic step towards continued growth in one of the world’s fastest-growing economies. Dubai offers a business-friendly environment that combines global market opportunities, advanced legal systems, and modern infrastructure. To successfully establish your company, you must ensure you have the necessary documents in place to ensure compliance with all local laws and regulations. The required documents vary depending on the type of company and location (free zone or main zone), but there are a set of basic documents that must be present when submitting your application for incorporation.

Documents Required to Establish a Company in Dubai:

Company Incorporation Application: A formal application must be submitted, detailing the business activity you wish to pursue and the location where the company will be incorporated. The application must include all relevant information about the company, such as the company name, legal form, and business purpose.
Passport Copy: Shareholders and directors are required to provide a clear copy of a valid passport. This document is essential for verifying the identity of the individuals who will head the company.
Personal Photographs: Shareholders and directors are required to provide recent personal photographs (usually passport-sized) for use in company registration.
Proof of Address: A document proving the residential address of shareholders and directors, such as a utility bill or lease agreement, must be submitted. Documents must be in English or Arabic.
Feasibility Study or Business Plan: A business plan or feasibility study is required to outline the company’s vision and objectives, as well as its financial and marketing strategies. This document is important for explaining the project’s economic feasibility.
Government Approval (if required): If the company wishes to engage in certain activities, such as healthcare or education, approval must be obtained from the relevant government authorities, such as the Ministry of Health or the Ministry of Education.
Proof of Headquarters: The company must specify its headquarter address in Dubai. This may require submitting a lease agreement or a document confirming office ownership.
Trade License or Industrial License: If establishing a company in a free zone, the appropriate license must be obtained from the competent authority in the free zone where the company will be established.
Qualification Certificates (if required): Directors may be required to provide academic or professional certificates, particularly for activities requiring specialized expertise, such as law or consulting. Certificate of Good Conduct: Some entities may require a certificate of good conduct from shareholders or directors, especially for activities that require high legal and ethical requirements.
The required documents vary depending on the type of company and the industry it operates in, but obtaining these documents is a necessary step in establishing your business in Dubai. It is important to consult specialized consultants, such as Itqan, to ensure that all documents are complete and comply with legal requirements to ensure a smooth and speedy process.

Our company’s role in establishing a company branch in Dubai

Establishing a company branch in Dubai represents a great opportunity to expand your business in one of the most dynamic commercial markets in the world. By carefully following the procedures and legal requirements, investors can achieve great success in Dubai. Establishing a foreign company branch in Dubai requires specific documents such as the articles of association, approvals from relevant government agencies, and details of the planned business activities. It is also necessary to determine the company’s form and choose a suitable location for the business in compliance with local regulations. Furthermore, foreign companies must submit a comprehensive business plan outlining strategic objectives and anticipated growth in the local market. Working with Itqan facilitates the incorporation process, providing the necessary support throughout the entire process, from preparing documents to obtaining the necessary licenses. It also helps companies navigate complex legal and administrative requirements and ensures compliance with local laws. Establishing a branch in Dubai is not complicated, provided the proper procedures are followed and advice from experts like Itqan facilitates the process of starting a business in Dubai. With full support from Itqan, foreign companies can focus on developing their businesses in Dubai without worrying about legal and administrative details, contributing to sustainable success and significant growth in the market.

Frequently Asked Questions About Establishing a Branch in Dubai

What are the legal requirements for establishing a branch in Dubai?
To establish a branch in Dubai, the parent company must have a valid trade license in its home country and submit official documents such as the Articles of Association and the Board of Directors’ Resolution to establish the branch in Dubai. The type of business activity the branch will conduct in Dubai must also be specified.

Can the branch expand into all business activities?
This depends on the type of business the parent company wishes to pursue in Dubai. The business activities a branch can engage in are determined based on the licenses approved by the Department of Economic Development or the competent authority.

Does the branch have to have a physical location in Dubai?
Yes, the branch must have a physical location in Dubai, whether an office or a commercial premises. A lease agreement is required as part of the documents required to register the branch.

Does the branch need a local agent?
In most cases, a local agent is not required in Dubai if the branch is wholly owned by the parent company. However, some business activities or locations may require a local agent or legal representative.

Can the branch employ staff?
Yes, the branch can employ staff in Dubai as long as they have the necessary licenses and local authority approval.

What is the duration of the branch’s trade license?
The term of a branch’s trade license typically ranges from one to three years, with the possibility of renewal based on business activities and developments.