Category: Company Establishment And Registration

ESTABLISHING COMPANY IN DUBAI

ESTABLISHING A COMPANY IN DUBAI: DO YOU NEED A LAWYER?

Dubai, being once known as a desert city and now a city of endless possibilities, is undeniably, extravagant and promising.

Its emergence as a commercial hub over the last 15 years has been way too rapid that it is now among the easiest and fastest to set up a business globally.

Launching a business in the region, whether branching off an existing company as part of a geographic expansion strategy or starting out a completely new different enterprise can be as fast as a flash.

In a week or so, you will be able to get your business ready with just a few ‘must-do’ and ‘must-considered’ steps.

First, you must identify the correct type of your venture. This will determine the category of your business license, which will be reflected in the trading name.

Second, the activity your business covers also defines your business structure and type of license.

Third, most of the Expats who are having a 100% ownership of the company, establish their business in a Free zone Authority where minimum official procedure and duration is needed; hence the process is comparatively straightforward.

Setting up a business in Mainland Dubai, on the other hand, requires a trade license from the Dubai Economic Department. This license requires you to have a partnership with a UAE national, who has to compulsory hold at least 51% of the total equity of the company.

Lastly, you must consult with a legal counsel in Dubai UAE to have all your legal documents (Memorandum of Association) assessed. When organizing a business, nothing is as vital as priming your paperwork as this will determine whether your company will operate in terms of profit or loss.

From business opportunities to enterprises in all sizes clearly manifest the rise of Dubai, from a desert city to a city of endless possibilities.

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justice

How to start a Law Firm in Dubai

There are four basic procedures which must be followed for a person to start a law firm in Dubai,

a- Local Lawyer
To start operating in Dubai the very first thing anyone would need is to collaborate with a local lawyer having a law license which has to be valid in first instance court at least.

b- Acquire License
The person needs to acquire an establishment license from the Ministry of Justice to open a law firm from where he will get papers and card

c- License Submission
Documents which you receive from the Ministry of Justice as part of the license which later you will have to submit to the economics department.

d- Location
The ideal location would not be in JAFZA or Freezone because it is cheap and the area must be at least 40ft for the law firm to begin its operations

Things you need to know:

e- Professional Ethics
Lawyers must refrain from committing any criminal or deviant acts. There is a set of principles which have to be adhered to.

f- Charge Reasonable Amount
Whatever the case is and no matter how big the law firm is, the chargeable price for a disputed case should always be reasonable.

g- Dual Courts System
There are federal and local courts which are the dual courts in Dubai with Supreme Court based in Abu Dhabi covering different parts of the law. There are three stages to the Dubai court system, court of first instance, court of appeal and court of cassation.

h- UAE Laws Source
UAE law is mainly based on Sharia and International law. It is a civil law jurisdiction with reliance on French, Roman and Egyptian laws.

i- Rules of Law
As per rules & regulations the lawyers and advocates have to register with Ministry of Justice to practice in federal courts or other emirati courts.

j- Compliance to License & Regulations
To provide legal services outside the court lawyers & law firms need to get licensed with registration documents from Department of Legal Affairs.

The law firm based in DIFC has to obtain a commercial license from the authority and register itself with Dubai Financial Services Authority. Department of Economic Development has also major role to play as the formalities are to be fulfilled by the law firm.

Only local lawyers can attend court whereas foreign lawyers can practice law. For litigation and federal supreme courts only registered lawyers can attend and appear.

For practicing law in the country lawyers need an individual office in each emirate of UAE whereas main Dubai has freedom of the Rulers court.

k- Arab Gulf Cooperation Council
As a member lawyer of Arab Gulf Cooperation Council countries, you may obtain license to practice in Dubai & UAE courts. Expat Arab lawyers could practice in federal courts before but it is restricted to only Emirati nationals only.

l- License
There was a law passed in 2011, making compulsory for lawyers to get a license (requires a law degree) to offer their services legally adhering to the strict standards set by the government.

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setting up business in dubai

Setting up a business in Dubai

Corporate Lawyers In Dubai – Assistance In Setting Up A Business In Dubai

There are six legal procedures which have to be fulfilled for every individual who seek to start a business in Dubai which lasts up to eight days. Below are some required components:

1- Name of Company: Your trade name being an important component must clearly indicate the company’s nature of business unless a branch of company.

2- Type of Business: The type of your business will determine the kind of license you require may it be professional, industrial or commercial. Furthermore you need to get higher authority approvals for legal consultancy and more

3- Local Partner: It is required to have a local partner for DED license which is a good support for expats however it is not mandatory.

4- Owning the Company: As an expat, to get 100% ownership of your company, you will have to choose one of the free zones in UAE. Each free zone is unique catering to specific kind of activities.
For local ownership you need to get a license from Department of Economic Development (DED), however there are certain restrictions on share of ownership.

5- Legal Formation: There are some rules on forming a company that is based on the type of business and location. Furthermore there are restrictions for companies relating to company structure in each free zone.
For example to open a law firm in UAE, it has to be a branch of a company or a stand-alone company and not a sole proprietor.

6- Minimum Share Capital: The memorandum of association has to mention minimum share capital for the upcoming company, while setting up a company you don’t need to pay in most cases.

7- Office Premises: It would be best now to shortlist few offices on the basis of rent, area and location. You may select a free zone as well to get assistance on selection of a suitable place.

8- Hiring Employees: While setting up a business you may need to hire a manager to get your registration approved and in most cases like Intelaq license holders, they cannot hire staff but are able to hire contractors.

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trademark law

Trademarks in the UAE

Trademark Registration in the UAE | Legal Information about Trademarks in Dubai UAE

Trademark can be described in the form of drawings, signs, shapes or words notwithstanding voices which are used primarily by companies and businessmen for the protection of its products and services.

Each company has a specific designed trademark. Possessing a trademark is highly beneficial to businessmen and companies as it convinces a consumer to make a purchase which in return increases demand for a product or service. A trademark additionally helps customers to have an overview of the products of established companies.

For trademark registration in UAE, an application has to be duly made to the UAE Ministry of Economy by a local or foreign individual or entity. However in the event the trademark is already in existence and identical to other trademarks, the application shall be rejected. The only exception is if the trademark was removed from records then the other party may request for its use after three years of deletion.

After approval from the Ministry of Economy, the trademark has to be advertised within two newspapers before registration. Individuals have 30 days from the first date of approval being published, to contest. However, the trademark applicant may also challenge any objection raised within the 30 days.

The submitted request if rejected can be challenged within 30 days and if not accepted again, thereafter the trademark applicant can submit an application to the court to object any rejection within 60 days.

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building in dubai

Establishing a Company in Dubai

Establishing a Company in Dubai | Setting up a company in Dubai UAE

The growth of Dubai over the last 15 years as an economic hub has been prolific.  Whether wishing to establish a branch of an existing business to utilize the strategic geographical location or looking to start a new venture in the region, setting up a company here in the UAE can take as little as one working week with assistance from our corporate lawyers in Dubai.

To simplify the process, there are a number of steps to be considered and prepared for to make it as smooth as possible.

  • The business type and activity will determine which category of business license will be required and should be reflected in the trading name selected.
  • The structure and type of license may also be determined by the business activity your business will cover. Some businesses, Law for example cannot be licensed as a sole proprietor.
  • As an expat, if you wish to have 100% ownership of the company, it will need to be formed in one of the Free-zone authorities which will in turn have restrictions on where and who you can conduct business with.
  • To establish a license and carry out business in mainland Dubai, you will need to apply for a trade license from the Dubai Economic Department. This license will require you to have a local partner or sponsor who, by law, must hold a minimum of 51% ownership of the company.
  • The particulars of how the company will operate in terms of profit and loss will be determined in the legal documentation (Memorandum of Association). Speak to your legal advisor to ensure your documentation adequately protects your interest in the business.

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