Forming a Civil Company in the mainland is often a complex task for newcomers as it requires a decent amount of paperwork and a considerably long process. In our study further, we will discuss the Civil Company, its formation process, and its benefits in the mainland.
What is a Civil Company?
A civil company is a corporation with 100% foreign ownership and up to three shareholders as well as a local service agent. It can be used for both professional and service-related activities/licensing. A civil company is a sort of business employed by well-known professionals such as doctors, lawyers, and engineers, as well as accountants. Furthermore, worldwide specialist partners may be able to hold 100% of the company.
In the case of Dubai, however, if the firm does not have a UAE-national partner, a Local Service Agent (LSA) is necessary. The LSA is a UAE national that manages licensing requirements and other government-related issues for the company in exchange for an annual fee. The LSA is not responsible for the firm's financial or managerial operations in Dubai or abroad. A civil company must have at least one UAE national partner that owns at least 51% of the company and has sufficient expertise or qualifications in the same field as the business. Foreign ownership also provides limitless access to the local market, but it also carries unlimited liability.
Key Points to remember for an LSA in case of a Civil Company
- A local service agent owns 0% of the profits and shares in the business, but a foreign partner or a firm owns 100% of the profits and shares in the business.
- The primary responsibility of a local service agent is to act as a signature for the completion of all government-related tasks.
- The local service agent has no administrative powers and is only paid for government services once a year.
- A professional, an employee of the UAE government, or a corporation controlled by a UAE national can all be local service agents.
- A local service agent's professional qualification is essential for specific operations.
What does a Mainland Company Mean?
A Mainland firm is one that is registered with one of the UAE's Department of Economic Development (DED) (Department of Economic Development). It means that if you want to do business on the Mainland of the UAE, you must first register a business entity with the DED, which will then provide you a business license to begin doing business in the UAE.
Companies from the mainland can engage in any type of industrial, commercial, trading, professional, or tourism activity. Some professional activities are prohibited by DED's business regulations, while others require authorization from regulatory agencies. Shareholders must complete the formation documents and processes, which include appointing a manager via the Memorandum of Association (MOA) or Service Agreement for a limited or unlimited time. For the business, Mainland must appoint a minimum of one management and a maximum of five managers.
What is the Process of Civil Company Formation in the Mainland?
The formation of a Civil Company involves several steps which range from the selection of trade names to the collection of business licenses. The process of Civil Company Formation Mainland is given below:
Selection of the Business Activity
The first step involves choosing between commercial/trading, consulting, professional, or industrial as your business activity. In one group of activities, you can choose from a variety of activities.
Selection of the Trade Name
It's a good idea to offer three names in order of choice — names should be simple, meaningful, and unrelated to any religion. At this point, all partners and the chosen managing partners must submit documentation (passports, visas, EIDs, NOCs for UAE residents, and residential addresses).
Application for the Initial Approval
This is to be sent to the Department of Economic Development (DED). The purpose of this step is to ensure that the business can be founded and that the company name has been approved.
Preparation of MOA and LSA Agreement
Based on the information submitted at stages 3 and 4, DED will produce the MOA (Memorandum of Association) and LSA (Local Sponsor Agreement).
Choosing the Business Location
A leasing contract (Ejari) is necessary to complete the registration process on the Mainland. It can refer to a showroom or an office/business center/warehouse. It can be rented or acquired anywhere in the Emirate where your company is registered.
Approvals from respective departments
External approvals from other authorities, such as the Ministry of Health and Prevention, Civil Defense, and the Police, will be required for some economic activity.
Collection of the Business License
After the MOA was signed, all approvals were received, and all payments were made, the LSA was signed. Along with the MOA, the license will be issued.
Criteria for Civil Company Formation in the Mainland
The criteria are given below:
• Partners of any nationality can engage in professional activity under DED business legislation.
• Between the expat partner and the civil license, a detailed Civil Agreement is required.
• When a Local Service Agent is hired, the company must sign a Service Agent Agreement.
• A civil corporation in Dubai or elsewhere may have several branches, each of which may engage in any or all of the activities covered under the primary company's license.
Benefits of Civil Company Formation in Mainland
The formation of a civil company comes with a number of distinct advantages, some of which may appear to be advantageous while others may appear to be detrimental. Our study also provides a clearer picture of the various advantages of forming a civil company on the mainland, with the following brief explanations:
- Easy arrangement of the corporate bank account
- Application of multiple visas by the owners
- Can have multiple shareholders
- Civil Company Formation is a considerably less complex task
- Civil Company Formation is comparatively less complex
Conclusion
Connect with Dhanguard if you are looking forward to form a Civil Company in the mainland. Our business setup team would gladly assist you throughout the process.