How to own property in UAE in company
name: The process of owning property in the UAE using
a company name involves several factors, and the specific details will depend
on the emirate you're interested in and the company's legal structure and
ownership. However, here's a general overview:
Foreign-owned companies:
Free Zone companies: Established in
designated free zones like Dubai Multi Commodities Centre (DMCC) or Jebel Ali
Free Zone (JAFZA), these companies can own property within the free zone and
specific designated areas in the emirate.
Onshore companies: Limited Liability
Companies (LLCs) and other mainland companies under foreign ownership can also
own property, but it's limited to designated areas by the emirate's Land
Department.
Key points to consider:
Permitted property types: Freehold ownership
grants long-term ownership (usually 99 years), while leasehold offers a
long-term rental agreement. Usufruct grants the right to use and benefit from
the property but not own it.
Registration and approvals: Different emirates have
specific procedures for company registration and property ownership in a
company name. This typically involves obtaining approvals from the Land
Department and relevant authorities.
Legal and tax implications: Consult a lawyer and
accountant for advice on setting up a company for property ownership and
potential tax implications. They can guide you through the legalities and
ensure compliance with regulations.
Procedure to register offshore company in Jafza by any nationals to own property in uae
Here's a general outline of the procedure to
register an offshore company in JAFZA for potential property ownership, but
note that specific requirements and processes may vary:
1. Engage a Registered Agent:
Appoint a JAFZA-approved registered agent to
handle administrative and legal matters.
The agent will guide you through the
registration process and serve as a liaison with JAFZA.
2. Company Name Reservation:
Submit a proposed company name to JAFZA for
approval.
Have a few options ready in case your first
choice is unavailable.
3. Prepare Required Documents:
Ownership Information:
- Passport copies of all shareholders and directors
- Proof of residency for non-UAE nationals
- Memorandum and Articles of Association (MOA and AOA):
- Describe the company's structure, objectives, and rules.
Ultimate Beneficial Owner (UBO) Declaration:
- Identify the individuals who ultimately control the company.
Financial Documents (if applicable):
- Bank statements or other proof of financial standing.
4. Submit Application and Pay Fees:
Present the completed application form and
supporting documents to JAFZA.
Pay the applicable registration and
incorporation fees.
5. Obtain Incorporation Certificate:
Upon approval, JAFZA will issue a certificate
of incorporation.
This officially establishes your offshore
company.
6. Open Corporate Bank Account:
Establish a bank account in the company's name
within JAFZA.
7. Seek JAFZA Approval for Property
Purchase:
If you intend to buy property using the
offshore company:
- Submit a formal request to JAFZA for approval.
- Provide details of the property and intended use.
- Approval is granted on a case-by-case basis.
Additional Considerations:
- Legal Advice: Consult a UAE-based
legal professional throughout the process to ensure compliance and proper
structuring.
- Tax Implications: Understand the potential
tax consequences of owning property through an offshore company.
- Due Diligence: Conduct thorough due
diligence on any property before purchase.
- Property Regulations: Research specific property regulations in the designated areas where foreign ownership is permitted.
Remember:
JAFZA has the discretion to approve or deny
property ownership requests.
Seek guidance from JAFZA and legal experts for the most up-to-date procedures and requirements.
Is it possible for GCC Nationals? Nationals can register Jebel Ali free zone offshore company to own property in the company name
GCC nationals and Nationals can register a Jebel Ali Free Zone (JAFZA) offshore company to hold property. However, there are important regulations and considerations to be aware of:
Ownership:
GCC Nationals: Can fully own a JAFZA
offshore company.
Non-GCC Nationals: May also own a JAFZA
offshore company but with certain restrictions (e.g., may need a local partner
or sponsor).
Property Ownership:
General Rule: JAFZA offshore
companies cannot directly own real estate in the UAE unless approved by JAFZA.
GCC National-Owned Companies: May own real estate in
certain designated areas open to foreign ownership, but this is subject to
JAFZA's approval.
Procedure: If approval is
granted, the property is registered in the company's name, not the individual
owner's name.
Restrictions:
Business Activities: JAFZA offshore
companies cannot conduct business with UAE residents or carry out banking,
insurance, or other prohibited activities within the UAE.
Key Considerations:
Specific Approval: Always seek JAFZA's approval
before purchasing property in a JAFZA offshore company's name.
Legal Advice: Consult with a qualified legal
professional in the UAE to ensure compliance with all applicable laws and
regulations.
Tax Implications: Understand the potential tax
implications of holding property in a JAFZA offshore company.
Alternative Structures: Depending on your
specific needs and goals, there might be other company structures or ownership
arrangements that could be more suitable.
Recommendations:
Consult with JAFZA: Discuss your specific
plans with JAFZA officials to clarify their current policies and procedures for
property ownership by GCC nationals.
Engage Legal Expertise: Seek guidance from a
UAE-based legal expert who specializes in corporate and property law to ensure
proper structuring and compliance.
Explore Options: Consider alternative
structures or arrangements if they better align with your investment objectives
and risk tolerance.
By carefully considering these factors and
seeking professional advice, you can make informed decisions about whether a
JAFZA offshore company is the right structure for your property ownership
goals.
Additional resources:
The Official Portal of the UAE
Government:
https://u.ae/en/information-and-services/moving-to-the-uae/expatriates-buying-a-property-in-the-uae
Dubai Land Department:
https://dubailand.gov.ae/en/
Jebel Ali Free Zone:
https://www.jafza.ae/
Dubai International Financial Centre:
https://www.difc.ae/
I hope this information provides a helpful starting point. Please let me know if you have any further questions or require more specific information about a particular emirate or scenario.
1 comment:
Nice Blog! Being expensive and cheap is more of a perspective than of the quantitative amount. Per se, feel that you have this much money allocated to this project and accordingly you will allocate the project. However, the higher money will give you higher benefits, but you are not willing to share the amount with the partner company that is guiding you to get your offshore company registration done at a cheap cost. How sensible is it?
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