The skyrocketing growth of Dubai as a hub of business, trade, and finance has created abundant significant opportunities for investors and entrepreneurs. However, this implies various legal implications that ought to be kept in consideration. The United Arab Emirates (UAE) has a unique legal framework structured by the Islamic legal system and civil legal system while adhering to common law principles. It is crucial for investors and entrepreneurs to understand and comply with the governing laws and execute the expansion of business accordingly.
Some of the legal elements that need to be navigated in the extension of business in Dubai are briefly described below:
Business Setup: The selection of the appropriate legal structure and form of the business should be done prior to initiating business in Dubai. The laws of UAE allow setting up the business within Dubai through a free zone or mainland or establishing a branch office. Similarly, the expansion of business can be done in Dubai through formal contracts of commercial agencies or distribution. Learn more about Business Setup in the UAE.
Ownership: Though the national laws have guaranteed full ownership of business to foreign investors, there are limitations in certain nature of the company with requirements of local agents restricting complete ownership of the investors. Understanding Foreign Ownership Laws in the UAE.
Contracts: The commercial contracts should be drafted in compliance with existing laws. It is essential to stay updated regarding the governing laws, and the mechanism to settle disputes shall be mentioned properly in understandable and clear language. Further, it is essential to be aware of the conditions where some contracts need to be registered with certain local authorities. Legal Guidelines on Contracts in the UAE.
Intellectual Property (IP) Rights: The IP Rights are to be registered, and acknowledgement of the legal avenues for enforcing IP rights should be made. Intellectual Property Rights in the UAE.
Labor and Employment: The employee should be deployed under the employment contract, and the conditions of visa requirements for the expats should be properly recognized pursuant to prevailing employment laws. Employment Law Guidance in the UAE.
Regulatory Compliance: It is crucial to understand the sector-specific regulations for establishment and comply thereto as per the requirements which may include obtaining a license from a local authority. Similarly, it is vital to know the type of insurance that is required for a specific establishment. Regulatory Compliance in the UAE.
Taxation: The government of UAE has imposed VAT on businesses with certain capitals. The corporate tax regulation system of the nation and the compliance to be made by the establishment should be internalized. Taxation Laws and Compliance in the UAE.
Arbitration and Jurisdiction of Court: It is essential to have insights into the dispute settlement mechanism of the nation and the jurisdiction of the competent local court. Generally, Arbitration is the method preferred by the disputing parties in commercial business. Arbitration and Legal Jurisdiction in the UAE.
Data Protection Laws: The establishment should ensure the data of the employees, consumers, customers, or any other party is protected and securely handled under the existing data protection laws. Data Protection Laws in the UAE.
Due Diligence: The systematic performance of the due diligence of local regulations and their requirements, license renewal, and update of the business should be done to avoid possible fines and penalties. Legal Due Diligence in the UAE.
As businesses in Dubai can be extended in 2 different ways, that is by setting up a physical structure within the state or by expanding its transactions and trade governed by specific contracts in UAE from other nations. In both ways, it is very essential to understand and comply with the local laws of this nation in order to enhance consistent business growth. To incorporate the ever-changing nature of the regulating laws, businesses are required to be tactful and updated by seeking necessary legal advice.