Trade Licenses Guide in Abu Dhabi

114 Pages·2017·1.72 MB·English

Trade Licenses
Guide
in Abu Dhabi

Content :
• Introduction 3
• Laws Regulating the Practice of Business and 4
Economic Activity in Abu Dhabi
General Procedures to Obtain Licenses 6
• Abu Dhabi Chamber of Commerce and Industry 15
• Department of Economic Development 61
• Industrial Development Bureau 73
• Abu Dhabi Tourism and Culture Authority 87
• Approval of Licenses
Licensing Procedures in Free Zones
• Khalifa Industrial Zone (KIZAD) 89
• Abu Dhabi Media Zone twofour54 92
• Masdar City Free Zone 99
• Abu Dhabi Airports Free Zone (ADAFZ) 100
• General Directorate of Customs 102
Trade Licesnses Guide in Abu Dhabi
TLGAD / 1st E
1st Edition 2016
Publisher : Abu Dhabi Chamber of Commerce & Industry
Abu Dhabi Chamber of Commerce & Industry PO Box: 662, Abu Dhabi U.A.E ةدحتملا ةيبرعلا تاراملإا ،يبظوبأ ،662 ب.ص يبظوبأ ةعانصو ةراجت ةفرغ
: [phone] : [phone] : [email protected] : www.abudhabichamber.ae
Abu Dhabi Chamber 3
Introduction
This manual aims at providing a complete resource and a reference to businessmen, investors and
companies in Abu Dhabi on the laws regulating the practice of doing businesses and economic
activities in the emirate as well as the general procedures of obtaining licenses from the related
authorities which grant approvals for practicing businesses in Abu Dhabi.
This manual, and for the first time, includes the procedures of practicing businesses in Khalifa
Industrial Zone (KIZAD), Abu Dhabi Media Zone (twofour54), Abu Dhabi Airports Free Zone (ADAFZ)
and Masdar Free Zone.
Publishing this manual comes within the awareness of the Abu Dhabi Chamber to provide investors
and companies desirous of practicing commercial, industrial and services businesses in Abu Dhabi
with the best services in this regard. It also comes within its efforts to develop the services it offers
for its members, investors and the business community and in a way that increases its contribution
and the role the private sector plays to the comprehensive and sustainable economic development
process in Abu Dhabi.
4 Abu Dhabi Chamber
Laws Regulating the Practice of Business
and Economic Activity in the Emirate of
Abu Dhabi
Laws:
Article 23 of Federal Law No. 18 of 1993 concerning Commercial Transactions states that:
• No persons other than a U.A.E. citizen may practice trade in the State., unless he has one or more
U.A.E. partners according to the conditions and within the limits stipulated by the Commercial
Companies Law.
With reference to the Federal Law No.2 of 2015 on Commercial Companies and its amendments,
Article 15 states the following:
Without prejudice to commercial activities reserved only to nationals, as may be prescribed herein
or in any other law, it is a requirement for the establishment of a company to have one or more
national partner(s) whose share in the company’s capital is not less than 51%.
Article 9 of the Companies Law defined the forms of companies which are (Joint Liability Company,
Limited Liability Company, Simple Commandite Company, Public Joint Stock Company, and Private
Joint Stock Company).
Likewise, Article 329 of the UAE Commercial Company Law also granted foreign companies the
right of establishing their own branches or offices in the country provided that the agent of the
foreign company shall be a UAE national. If the agent is a company, it shall be a UAE company
and all its partners shall be UAE nationals. The obligations of the agent to the company and third
parties shall be limited to providing such services to the company, without any responsibility or
financial obligations in connection with the business or activity of the branch or office of the
foreign company inside the State or abroad.
Article 92 of the UAE Civil Code defined legal entities in such a way that included private
associations and enterprises incorporated according to the provisions of the law.
Article 6 of the law No. (2) of 2009 concerning the Establishment of the Department of Economic
Abu Dhabi Chamber 5
Development states that a natural or legal person may not practice any economic activity or any
branch to such an activity which is governed by a decision from the Department before obtaining
a license to practice this activity provided that he fulfills all the terms stated in the laws concerning
the performing of this activity.
Article 31 of Law No. 27 of 2005 Concerning Abu Dhabi Chamber of Commerce & Industry states
that national or foreign individuals, companies or enterprises practicing business, industrial,
financial or contracting activities in the emirate, or those having branches or offices to practice
permanent or temporary activity, shall have to join the Chamber.
It is a must for any natural or legal person whether he is a national or foreign investor to acquire
a license allowing him to practice requested economic activity to register as a member of the Abu
Dhabi Chamber of Commerce and Industry.
However, the Membership Certificates of the Chamber are amongst the required documents for
license issuance or renewal in the emirate.
6 Abu Dhabi Chamber
General Procedures to Obtain Licenses:
Abu Dhabi Chamber of Commerce and
Industry
Services of the Membership Department
1. Registration of a new membership
Description:
• Registering new members and providing all the distinguished services which the Chamber
provides for members and to preserve their legal rights.
Procedures of obtaining the service
• Filling in a Membership Form and signing it by the authorized person.
• A letter issued by the license issuing authority.
• Trade name Form approved by the Department of Economic Development.
• A copy of the passport and family book of the UAE national.
• A copy of the UAE ID Card.
• A copy of the lease contract and attestation (Tawtheeq).
• A copy of the authorized signatory if any.
• A copy of the partnership contract or the approved agency contract attested by the Notary
Public.
• A copy of the licence issued by the competent authority.
• The approvals issued by the appropriate authorities concerned with economic activities.
2. Membership Renewal
Description:
• Members registered with the Chamber should renew their membership in order to keep
practicing their economic activities.
Abu Dhabi Chamber 7
Procedures of obtaining the service
• Filling in a Membership Form and signing it by the authorized person.
• A letter issued by the license issuing authority.
• A copy of the passport and family book of the UAE national.
• A copy of the UAE ID Card.
• A copy of the lease contract and attestation (Tawtheeq).
• A copy of the authorized signatory if any.
• A copy of the partnership contract or the approved agency contract attested by the Notary
Public.
• A copy of the licence issued by the competent authority.
• The approvals issued by the appropriate authorities concerned with economic activities.
3. Cancelling A Membership
Description:
• The memberships which need to be cancelled due to suspension in practicing the economic
activity by the members of the Chamber or due to any other reasons.
Procedures of obtaining the service:
• (The original) of a cancelling letter from the licence-granting authority;
• A copy of the newspaper advertisement;
• The original membership certificate if the same is still valid; and
• Termination of the partnership or services agency if any.
4. Membership Modification Request (Trade Name)
Description:
• Memberships which need to modify their trade name which was approved by the Department
of Economic Development.
Procedures of obtaining the service:
• A valid membership.
8 Abu Dhabi Chamber
• Filling in a Membership Form and signing it by the authorized person.
• A letter issued by the license issuing authority.
• Trade name Form approved by the Department of Economic Development.
• A copy of the authorized signatory if any.
• A copy of the partnership contract or the approved agency contract.
• An advertisement in the daily newspapers.
• The approvals issued by the appropriate authorities concerned with economic activities.
5. Membership Modification Request (Changing the legal form)
Description:
• Changing the legal form of a membership whether this change was a result of adding or deleting
a partner or changing the nationality of one of the partners from a foreign nationality into a UAE
one or just changing the legal form of the business / company.
Procedures of obtaining the service:
• A valid membership.
• Filling in a Membership Form and signing it by the authorized person.
• A letter issued by the license issuing authority.
• A copy of the newspaper advertisement.
• A copy of the partnership contract or the approved agency contract.
• The original membership certificate if still valid.
• The approvals issued by the appropriate authorities concerned with economic activities.
6. Membership Modification Request (Changing the capital amount)
Description:
• Amending the amount of the capital of the establishment / company.
Procedures of obtaining the service:
• A valid membership.