23 October 2013
First Question:What is the Procedure for Indian Company setting up subsidiary in Dubai? Second Question:What is the Procedure if Indian Company already has one subsidiary in Dubai and wants to set up two or more subsidiary in Dubai?Whether Permission of ROC is Required?
Reserve a company’s name and submit the company registration application to the Department of Economic Development (DED)
To register a company, the founder must first obtain preliminary approvals from the Licensing Section of the Dubai Department of Economic Development (DED) on the business activities, trade name, and identity of partners. Notarize the company’s Memorandum of Association in DED
The applicant notarizes the MOA at DED that provides a standard Memorandum of Association (MOA). Notarization takes no more than 1 day. A common practice is for the entrepreneur’s lawyer to get a preliminary approval from the notary beforehand so that the client can arrive at a specified time and have the documents notarized immediately. The maximum notary fee is AED 10,000. File company documents with the Department for Economic Development (DED) and obtain trade license and the Dubai Chamber of Commerce and Industry (DCCI) membership
To obtain the Trade License and Commercial Registration Certificate, the LLC must submit the following original documents to the Commercial Registry at the DED Trade License and Commercial Registration Department:
• The prescribed application form, signed by the company manager(s) or their legal representative(s) • The memorandum of association (an original and a copy) • A letter issued by the DED, attesting to the company name approval • The original letter of company approval, issued by the DED Committee of Limited Liability Companies • Passport copy of each partner
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If Commercial Registry officials deem the documentation to be in order, the company name will be entered into the Commercial Register. Within 3 days of the date the company is entered in the Commercial Register, the documents will be released at no charge to the company representative in a sealed envelope. afterward, the DED forwards the following documents to the Federal Ministry of Economy to arrange for publication:
• Notarized memorandum of association (copy) • The application for entry of the company name in the Commercial Register (copy) • Extract of the entry of the company name in the Commercial Register
Publication takes several months. However, this time frame is not important because the authorities will accept a copy of the Ministry’s receipt of publication fee payment. After the publication, the Ministry of Economy issues its approval letter.
Before the newly formed company can begin operations, it must apply to the DED for a trade license. After the notary public at the Commercial Registry notarizes the memorandum of association, a license application form is completed in Arabic, signed by the authorized company signatory and filed with the DED in duplicate. The DED files one copy and forwards the other to the UAE Federal Ministry of Economy . The trade license application must be filed with the applicable fee and the following documents:
• The prescribed form for setting out the proposed company name in Arabic and English • The original lease for the company’s office premises • The prescribed form for obtaining the Dubai Municipality Building Department’s clearance on the suitability of the office premises
All business activities fall into three categories of licenses: (1) commercial licenses, covering all kinds of trading activity; (2) professional licenses, covering professions, services, craftsmen, and artisans; and (3) industrial licenses, establishing industrial or manufacturing activity.
Upon the conclusion of this procedure, the DED issues the original Trade License and Commercial Registration certificates. Upon presentation of the receipts showing payment of the Ministry publication fee and the Chamber of Commerce membership fee, the DED will issue the original trade license and certificate of commercial registration for the limited liability company and the DCCI membership.
Apply for establishment card at the Ministry of Labor
Either the owner in person or the authorized representative of the company can go in person to apply for the “Establishment Card” at the Ministry of Labour. Provided the trade license and the fees are paid, the “Establishment Card” can be issued the same day. Register native workers with the Ministry of Labor
According to Ministerial decree No 1215/2005, native workers should be registered with Ministry of labor.
23 October 2013
The documents required to bring along at the time of this registration are:
• 3 copies of employment contract • A copy of employers passport • A copy of the trading license • A paper confirming that the worker is a UAE citizen Register native workers with the General Authority for Pension and Social Security
Registration requires submitting the native workers’ updated salary certificates or labor contracts.
23 October 2013
Conditions for Company Set up in Dubai:
The foreign engineering branch office should have high technical qualifications and specialized in one or more of the sophisticated engineering field and existing in the native country for a period of not less than fifteen years. The management of the firm should be vested in a manager in charge, entered in the register of practitioners of the engineering consultancy profession, whose experience in the practice of profession is not less than 15 years. A registered local engineer may also be assigned for the management of the firm, provided that he is totally devoted to the business of such a firm. The head office of the firm in the mother country should have carried out a number of projects of large technical and financial value. When submitting the application for the license, a full statement of such projects shall be attached with supporting drawings and documents. The foreign engineering branch office in the Emirate should have devoted technical staff of high qualifications as follows:
Each of the licensed fields of activity to be practiced should be lead by an engineer whose experience is not less than 15 years in sophisticated specialization and it is permissible to appoint one of the specialization heads as a resident office general manager. The specialization head should be assisted by a number of assistant engineers whose experience is not less than 7 years and that their number should be consistent with the volume of the current works assigned to the firm and that the head office should undertake to appoint the number necessary to reside in the Emirate throughout the period of carrying out the projects which require their presence.
23 October 2013
Industrial Areas for Company Incorporation in Dubai
The Dubai Government has allocated a number of Industrial areas and provided them with all necessary facilities, such as internal roads, electric power, water, tele-communication services and other facilities. The local government offers various incentives to the businesses involved in industrial projects. These include exemption from customs duty on import of items for the use of industrial projects such as raw materials and machinery, in addition to a 10% price preference in government prices over imported goods. There are five basic requirements to be complied by an entrepreneur to start up an industrial project in Dubai.
1. No objection from Dubai Municipality 2. Obtain initial clearance from Ministry of Finance & Industry (Industrial Department) 3. Apply for industrial license with Department of Economic Development 4. Arrange the factory site (such as preparation of factory site, installation of machinery, import of raw materials etc.) 5. Register the project in the Industrial Register at the Ministry of Finance & Industry