Dubai Company Formation- Company Formation United Arab Emirates, UAE, Free Zone VAE Dubai- Dubai Offshore Company-Company Formation, offshore company formation -General information on company formation in a free trade zone of UAE, RAK

Company Formation United Arab Emirates – UAE: Free Trade Zone Company and Offshore-Company “RAS AL Khaimah”

Company Formation UAE- Free trade Zone RAK:

Company formation UAE: General information on company formation in a free-trade-zone of UAE

Shares of companies within one of the free-trade-zones of the UAE (RAK, Jebel Ali, Sarah) may be owned by foreigners in whole. These companies are allowed to do their business within the FTZ or abroad UAE only. Business wthin the UAE can only be made via a representative.

Foreign investors must fulfil the following requirements to their companies:

The following steps have to be realized in any case: 

  • Incorporation
  • Visa for Management, shareholders and resident employees
  • Office (UAE does not allow a sole registered office or a virtual office; affordable office space is available e.g. in RAK)
  • Licence (approval to run a certain business. For each business a license is required and only after obtaining the license may the appropriate action be taken.) 

If the only business of an enterprise is in the UAE, please notice chapter 5 of the DTA:

Company Formation UAE: Double Taxation Agreements, Definition of Permanent Establishment (Article of the DTA)

  1. For the purposes of this Convention, the term “permanent establishment” means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
  2. The term “permanent establishment” includes especially:
    1. a place of management;
    2. a branch;
    3. an office;
    4. a factory;
    5. a workshop; and
    6. a mine, quarry or any other place of extraction of natural resources.
  3. A building site or construction or installation project constitutes a permanent establishment only if it lasts more than nine months.
  4. Notwithstanding the preceding provisions of this Article, the term “permanent establishment” shall be deemed not to include :
    1. the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
    2. the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
    3. the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
    4. the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise;
    5. the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
    6. the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e) of this paragraph, provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
  5. Notwithstanding the provisions of paragraphs (1) and (2) of this Article, where a person – other than an agent of an independent status to whom paragraph (6) of this Article applies – is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph (4) of this Article which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph.
  6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business.
  7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. 

If there is no factory, workshop, mine, quarry or any other place of extraction of natural resources or a building site or construction or installation that lasts more than nine months, a resident of the UAE has to manage the operations of the business, to located the permanent establishment in the UAE. Besides this, a non-resident director can bring the proof that he is present to fulfill his management duties (place of management).

We cannot provide a trustee director in the UAE.

Companies in the FTZ are tax free

The initial capital is very different and we have to refer to our survey on our Internet sites.

Notwithstanding this, it is possible to incorporate an Offshore Company (Exempted Company). An UAE Offshore Company may only do business outside the UAE, does not need any intial capital and can be owned by foreigners at 100% also. A trustee director can be provided.

Company Formation UAE/Dubai: RAK

Any company that wishes to operate at the RAK FTZ should register as a legal entity at the RAK FTZ (company registration), open a bank account, acquire a valid permit to undertake approved activities (business license) and sign a lease contract for using the selected facility at the RAK FTZ.

Once all of these procedures have been completed successfully, the company will be entitled to activate a P.O. Box, a bank account, apply for the approved number of visas (UAE residence permits) and to start the business activities in the RAK FTZ.

A company or individual wishing to operate a business at the RAK FTZ can be registered at the zone in one of the following four legal forms:

A branch of an existing company

  • Foreign Branch
  • Local Branch

A new establishment

  • Free Zone Company
  • Free Zone Establishment

Business licenses

Every company operating within the RAK FTZ is required to obtain a business license. A business license is a time-limited permit granted to a company to undertake commercial, consulting, service or industrial activities within the RAK FTZ. It does not, however, authorise the holder to do business in the UAE – a special agent has to be appointed for trading activities in the UAE market.

Each license is valid for one year starting from the date of issue and must be renewed annually.

Four types of business licenses:

  • Commercial license
  • Consultancy license
  • General trading license
  • Industrial license

Business Center Services 

The RAK Innovation and Promotion Centre is a free zone facility which gives investors an opportunity to start business with minimum hassles. Some of the key features of the RAK Innovation and Promotion Centre are the serviced, fully-functional and ready-to-use offices, flexi-offices and flexi-desks, plus a wide variety of services. All of these are offered at highly cost-effective rates.

The RAK FTZ Business Centre is designed to be one-stop shop. The RAK FTZ BC will meet all the clients’ needs.

Offices

The client can choose of these solutions according to their needs and requirements:

  • EXECUTIVE OFFICE (14-28 square m)

The Executive Offices are serviced, fully-functional and enclosed offices. The standard offices range from 14 to 28 square m, expandable as per client requirements.

Features:

  • Fully furnished
  • Cisco phones
  • Dedicated fax number
  • Private e-mail address
  • Shared printer (optional)
  • Shared post box (optional)


FLEXI-OFFICE (18 square m)

The Flexi-Office is a shared, networked and modern office with its own phone, computer, network, and Internet access. Regular users of Flexi-Office are people normally working from home or traveling, but nevertheless, want to benefit from having a professional base with access to a team for call handling, secretarial services and all other advantages of being in the office, without the expense of setting up a full-fledged office. Clients can log in and use the Flexi-Office to create and print documents, access the Internet to check e-mail or conduct research, or just make some calls.

Features:

  • Furnished and enclosed office
  • Shared fax services
  • Has two executive desks and chairs per office
  • Shared workspace environment
  • Two personal computers in each Flexi-Office
  • Direct incoming/outgoing telephone (Telephone devices are shared, but specific numbers will be assigned to clients)
  • Five hours of free usage per week for each client
  • Shared Post Box number
  • Private e-mail address

FLEXI-DESK

The Flexi-Desk is a shared and networked desk designed for single-person users such as professionals, self-employed businessmen or establishments.

Features:

  • Furnished and semi-enclosed office
  • Shared workspace environment
  • One executive desk and chair
  • Private email address
  • Allocation of five hours of free usage per week
  • Direct incoming/outgoing telephone
    (Telephone devices are shared, but specific numbers will be assigned to clients)
  • One personal computer in each Flexi-Desk
  • Shared Post Box number
  • Shared fax services

REMOTE ACCESS DESK

The Remote Access Desk will enable you to operate with all the advantages of a multinational corporation. You will be registered with RAK Free Zone, but you will have the flexibility and mobility for your company operations.

Features:

Contact Centre Services – Your calls will be answered by a receptionist in your company name and forwarded to your office, home, mobile or voicemail.

 Front Desk Services

  • Photocopying
  • Scanning
  • CD Burning
  • Printing
  • Typing
  • Translation
  • Faxes Handling
  • Contact Centre

The Contact Centre will enable you to receive your calls even when you are not in the office or site. The Contact Centre Operator will receive and answer the call on your company’s behalf.

Features:

Available (at cost) to clients leasing the Executive Offices, Flexi-Offices and Flexi-Desks.

  • Part of the package for the Remote Access Desk clients.
  • Personalized and company-specific answering service
  • Interactive Voice Response (IVR) System-Capable
  • Call Forwarding and Intra-office forwarding
  • Message Processing (Receiving & Forwarding) Costs AED 350 per month
  • Business Catering Arrangements
  • Private Secretarial Services
  • Hotel Booking Arrangements
  • Car Rental Arrangements
  • Accommodation Arrangement
  • Media Services
    • Logo Design
    • Letter head
    • Advertisement Design
    • Brochure Design
    • Poster Design

Additional Facilities

  • Health Club
  • Restaurant
  • Nursery
  • Business Lobby
  • Training Centre
  • Conference Rooms
    • Internet Connection
    • Audio Conferencing
    • Video Conferencing
    • LCD Projector
    • Business Catering Arrangement