Vision 2030 Jan. 2011 | Page 32

Establishing a business in Abu Dhabi The economy of Abu Dhabi is largely based upon the revenue generated from petroleum and natural gas. Some other sectors are also emerging in order to support the Emirate’s economy in keeping with the strategic plan for development of the Emirate. Business Guide Under article 5 of the Commercial Companies Law, there are seven different types of companies, which may be established, namely: 1. 2. 3. 4. 5. 6. 7. General Partnership Simple Limited Partnerships Partnerships Limited with Shares Public Joint Stock Companies Private Joint Stock Companies Limited Liability Companies Joint Participation (ventures) A table showing the requirements for the various forms of enterprises is given separately on page 32. Other forms – Joint ventures, branches of foreign companies, representative offices, and other forms of business entities have different rules, capital requirements and procedures. Joint Venture Companies A joint venture is a contractual agreement (which may be oral or written) whereby the losses of the entity are shared by two or more partners. The local equity participation in the joint venture must be at least 51 percent but the profit and loss distribution 30 can be prescribed. Specific projects which involve working together for a fixed period are suitable for joint ventures. There are no registration formalities for a joint venture as it is not a distinct legal entity. The business name and licence of the partner conducting the business are used by the company. A memorandum of association can be prepared to indicate the rights and liabilities of the partners and method of profits and losses. Branches and representative offices of foreign companies A branch of a foreign company can be formed as per the regulations of the Commercial Companies Law. The main requirement is to appoint a local service agent who should be a local national or the company should be 100% owned by local national. The representative office of the parent company may practice only promotional business for the products and services dealt with by the parent company and cannot market directly its products or conduct its business operations. A branch of a foreign company’s activities will be as per the license obtained from Ministry of Economy and inscribed in the Ministry’s Register of Foreign Companies and the concerned authority from the respective Emirate.