Month: February 2023
Company Registration in UAE
HLB HAMT
Phone:- +971 4 327 7775
Mobile:- +971 55 160 1291
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
UAE is one of the most popular business locations in the world, and company formation there is a very reliable, regulated, and effective international trade option. The registration of a company in the UAE comprises several administrative and technical procedures. As a result, support from a business setup consultation and services organization will make it easier. HLB HAMT business consultants can assist you with Company Registration in UAE to fulfill your ultimate goal.
Any investor should consider registering a company in the UAE as a long-term investment. So, if you are a businessman or entrepreneur looking to register your company in the UAE, keep reading. This blog will lead you through the basic information on business registration in the UAE, including the benefits and more.
Requisites for doing business in UAE
UAE provides all the benefits that an investor could hope for, including tax exemption, limited liability, and asset protection. To comply with all relevant government agencies’ legal requirements and to ensure that business owners obtain the possible economic benefits, it is crucial to follow the procedures listed below when establishing any type of enterprise in the United Arab Emirates.
- Submit the company registration application form and company name.
- Notarize the Memorandum of Association of the firm.
- File business documentation; receive a trading license and a certificate from the Chamber of Commerce and Industry.
- Make a name board.
- Apply for a business license at the Mnistry of Economy, DED or with Free zone authority.
- All employees in the mainland must be registered with the Ministry of Labor.
- Employees/workers must be registered with the Ministry of Labor and the General Authority for UAE nationals.
The whole commercial activity in the UAE may be classified into three types of licenses
- Commercial licenses that cover all types of trade activities.
- Professions, services, craftsmen, and artisans all require professional licenses.
- Industrial licenses are required to start an industrial or manufacturing business.
UAE ownership specifications
- Foreign ownership is allowed to be 100 percent in the Free Zones and in mainland.
- Operations that allow for 100% GCC ownership.
- On international businesses setting up representational offices or branches in Dubai.
- Professional or artisan businesses that can have 100% foreign ownership.
UAE legal structure for conducting business
- In the past, each emirate operated according to its protocols that governed the activities of foreign business interests.
- Since 1984, efforts have been made to establish a law for corporations that would apply to all UAE citizens. The “Commercial Companies Law” (Federal Law No. 8 of 1984, as changed by Federal Law No. 13 of 1988) and its by-laws have been issued.
- It also outlines the different types of business organizations that may be formed in the UAE. It outlines the specifications for shareholders, directors, minimum capital requirements, and incorporation processes. It also establishes rules governing the conversion, merger, and dissolution of organizations.
Different types of business organizations that the legislation defines are:
- General Partnership Company.
- Joint venture Company.
- Public Shareholding Company.
- Private Shareholding Company.
- Limited liability Company.
- Share Partnership Company.
HLB HAMT to Assist
A proactive step for an investor is to establish a firm in Dubai. The UAE’s lower taxes, ease of business, enhanced infrastructure, e-government system, and business potential exceed all expectations. In Dubai, nearly everything an investor needs to start a firm is accessible.
Registering a business in the United Arab Emirates with an experienced service provider can make operations simple due to their expertise and proficiency in this area. HLB HAMT can assist you with Dubai Company Registration by expediting the entire registration and administrative process so you can concentrate on expanding your enterprise there.
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Offshore company setup JAFZA: Everything you need to know
HLB HAMT
Phone:- +971 4 327 7775
Mobile:- +971 55 160 1291
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
In terms of operations, an offshore firm differs significantly from a free zone corporation. An offshore corporation is a legal business organization formed to operate outside of its registration jurisdiction or the location of its ultimate ownership. JAFZA Offshore Company Formation is a better option to get flourished in UAE. In this blog, we will cover some essential information on the offshore company setup in JAFZA.
Offshore company setup JAFZA
- An offshore business in Dubai presents a positive image to customers, suppliers, and potential investors. Especially when compared to other business forms in Dubai, the establishment of a Dubai Offshore Company is rapid and straightforward.
- Jebel Ali Free Zone (Jafza) is the world’s largest free trade zone that welcomes many investors to build their dreams.
- There must be at least one shareholder for an offshore company to get established in Jafza. For this sort of creation, there is no limitation on the maximum number of stockholders. A shareholder may be an individual (person), a legal entity (business), or a combination of both.
Offshore Company Formation Benefits
- The offshore firm may have 100% foreign ownership.
- A citizen of the UAE is not required to be a shareholder or sponsor.
- A company may own real estate on the Palm Islands or in any other area that the JAFZA has permitted
- There is no publicly accessible register of corporate officers. While registering a firm, there is no need to reveal the name.
- Maintain several currency bank accounts.
- The company is not required to keep records/books.
- Current offshore laws.
- Taxes on corporate and individual income will not apply to the offshore entity.
- There are no limitations on foreign currencies.
- The profits and money of offshore companies are fully repatriated.
- Since there is no need for an onshore office, there are no staff and associated expenses.
- It is lawful to avoid paying some taxes on income and earnings.
- Setting up an offshore company only requires a minimum amount of cash.
- One shareholder or director.
What are the requirements for establishing an offshore company?
- Only a certificate of incorporation is granted to a Jafza offshore company, not a business license. This means that the offshore business cannot engage in any commercial business with residents of the UAE
- The formation of an offshore company in Jafza must begin with selecting a registered agent. This registered agent will be in charge of all administrative tasks relating to Jafza operations.
- Once you have expressed your interest and chosen a registered agent, the registered agent must handle any communications on behalf of the firm.
- Jafza reserves the right to request any further paperwork it considers necessary.
Different types of Company structures for an offshore business in Dubai
- Investments or Joint Investments Company
- General Trading
- Holding Company
- Shipping or Ship Management Firm.
- Owning a property
- Copyright or patent firm
A registered agent must be present when an offshore company is established. The agent will need to get located in the UAE. HLB HAMT is a registered agency with JAFZA Offshore and one of the market leaders in offshore business consulting. We offer incorporation services in the UAE’s most prominent offshore centers and offer the best options to ensure that your firm is set up as quickly as possible.
What HLB HAMT Offer!
- Registered representative.
- Making Articles of Association and Memorandum.
- Creation of registration forms.
- Preparation of the Certificate of Incorporation.
- Helping to open a multi-currency bank account.
- Filing with the Companies Registrar.
The broad expertise of HLB HAMT, combined with the in-depth local knowledge of our team, allows us to fully comprehend the specific requirements of your business. This allows us to provide the best options, and ensure that your business is established with the least amount of effort and hassle.
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Dubai Virtual Assets Regulatory Authority (VARA) Rolls Out Regulations for Virtual Assets and Related Activities
Lavin Nalinababu
Phone:- +971 4 327 7775
Mobile:- +971 55 160 1291
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
Dubai, known for its innovative approach to technology, has recently released the Virtual Assets and Related Activities Regulations 2023 (VARA 2023), which provides a comprehensive framework for the virtual assets industry. The regulations, released by the Virtual Assets Regulatory Authority (VARA), aim to promote responsible innovation while protecting investors and consumers.
Virtual Asset: An Overview
The regulations define virtual assets as digital representations of value that can be traded, transferred, and stored electronically. This includes crypto currencies, digital tokens, and other virtual assets used for financial transactions. The regulations also cover related activities, including virtual asset exchanges, wallet providers, and other service providers in the industry.
Regulatory Framework
To ensure compliance, the VARA Regulations have divided the rulebooks into two categories:
- Mandatory
- Activity specific
The mandatory rulebooks, including the Company Rulebook, Compliance and Risk Management Rulebook, Technology and Information Rulebook, and Market Conduct Rulebook, must be followed by all Virtual Asset Service Providers (VASPs).
The activity-specific rulebooks, covering
- Advisory Services,
- Broker-Dealer Services,
- Custody Services,
- Exchange Services,
- Lending and Borrowing Services,
- Payments and Remittances Services, and
- Management and Investment Services Rulebook
Key Features of the Regulations
- Licensing Requirements: Virtual asset service providers must apply for a license from VARA and demonstrate their compliance with the regulations before they can operate in Dubai.
- Cybersecurity Measures: VARA has introduced robust cybersecurity measures to protect investors and consumers. Service providers must implement strict security measures and have contingency plans in place in case of a cybersecurity breach.
- Consumer Protection: VARA has set clear guidelines for virtual asset service providers, including providing clear information to consumers, resolving disputes in a timely manner, and protecting the privacy of their users.
- Anti-Money Laundering and Combating Financing of Terrorism: The regulations include provisions for anti-money laundering and combating the financing of terrorism.
- Marketing Regulations: The regulations cover marketing regulations, protection against and investigation of market offenses, and the protection of confidential financial information.
Road Ahead for the Virtual Asset Industry
The virtual asset market in Dubai is anticipated to be greatly impacted by the issuance of the VA Regulations. The regulations will encourage responsible innovation and increase investor and consumer confidence. The regulations are also likely to attract international virtual asset businesses to Dubai, further strengthening its position as a leader in the industry. In order to stay up with how quickly the sector is changing, VARA will also continually reviewing and revising the laws.
Conclusion
Dubai’s Virtual Assets and Related Activities Regulations 2023 is a significant step forward for the virtual asset industry. The regulations provide a comprehensive framework for the industry, promote responsible innovation, and increase investor and consumer confidence. The future of the virtual asset industry in Dubai is bright, and the VARA 2023 regulations will play a key role in shaping its future.
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HLB HAMT Bags two Prestigious awards at the SME TECH INNOVATION AWARDS 2023
Midhun Menon P
Phone:- +971 4 327 7775
Mobile:- +971 52 830 7998
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
The UAE’s SME sector is thriving and significantly boosts the economy of the nation. The SME Tech Innovation Conference & Awards is intended to serve as an annual event for the SME segment, fostering discussions and a better knowledge of as many technologies transformation-related areas as possible that might support business success.
We are pleased to announce that we bagged two awards at the highly anticipated SME Tech Innovation Awards 2023 held at Conrad Dubai on February 16th, 2023. HLB HAMT won the prestigious Outstanding Technology Transformation award and our director of Technology Consulting, Mr. Vimal Ramachandran has bagged the prestigious Technology Transformer of the year award. HLB HAMT got this award for achieving substantial objectives in our technology transformation journey. The Technology Transformer of the year award was presented to various achievers across industries, mainly to CIOs and IT heads of SME entities that are helping organizations drive and pursue digital transformation initiatives.
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Monthly Tax insights and updates – January 2023
February 14, 2023
The wait is over; the tax authority has officially started corporate tax registration for a certain type UAE-based corporation.
HLB HAMT presents the January edition of tax insights from our specialists on corporate tax law, evolving tax regulatory reforms, and how they impact businesses across the country.
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The Major Influences of the Revised Social Security Law on Qatar’s Pension System
HLB Qatar Payroll Team
Phone:- +971 4 327 7775
Mobile:- +971 55 971 5959
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
Addressing pensions and retirement for Qatari nationals, the state of Qatar has unveiled its new retirement pension scheme and released a social security law. Employers in the private sector will also be subject to the new Social Insurance Law No. (1) of 2022, which intends to encourage people to remain in the labor force as much as they can. Except for a few clauses regarding employee registration and other formalities, Law is effective from January 2023.
Main Modifications
The introduction of the law brings in a number of significant modifications to Qatar’s existing social insurance system, including the following:
Social Contribution Expansion
As per the present law, the General Retirement and Social Insurance Authority (GRSIA), which oversees Qatar’s social security system, exclusively offers retirement, disability, and survivor compensation to citizens of Qatar who are employed in the public sector.
But, in accordance with the new law, all Qatari citizens working in the private sector who are 18 years of age or older and have contracts that are at least one year long are now covered, provided their employer offers higher rewards than GRSIA. Employers in the private sector must enroll unless they have a private pension plan with advantages that are superior to the social scheme and have at least one Qatari employee with a work contract lasting for at least one year.
Metrics of contributions are rising
The proposed law raises the contribution rates for both employees and employers as follows and sets a QAR 100,000 monthly earnings threshold for employee contributions:
- The employee’s contribution is 7%
- The employer contribution of 14%
The minimum needed service length to apply for a pension has climbed to twenty-five years, and the minimum retirement age will be fifty. Workers in the public sector who have contributed to the plan for thirty years or longer will additionally receive a gratuity from the pension fund when they reach retirement age.
Housing Allowance Contributions
Both Housing Allowance and any Social Allowance are part of pension contribution amount.
Pension payments
If the employee’s termination of employment occurs due to one of the following situations, the pension is claimable:
- Demise;
- A medical committee-determined impairment;
- A person is bound to reach the age of retirement, which must be at least sixty (60) years old and is specified in the career norms that the person is bound;
- Resigning;
- Termination as a result of disciplinary action or a verdict against the employee for a criminal offence, a violation or breach of integrity; or
- Service termination.
The contribution period must be at least 25 years, including the time of actual service, which must be 20 years, for the person to be considered for the pension, with the exception of the circumstances listed in points I and II above mentioned.
There will be penalties applied
Regarding failure to provide contributions and causing employees to bear the value of all or some payments, in breach of the law, employers may be fined heavily up to QAR 30,000 and sentenced to 6 months in jail.
Further procedures for private businesses hiring Qataris
- All private enterprises that employ Qataris must examine whatever pension plans they currently have in effect and assess if they offer Qatari employees benefits over the 21% allowed by the new law.
- Employers must revise the employment contracts for their Qatari national employees to incorporate the clause given the state pension scheme and to guarantee that such Qatari national employees are not primarily related to both enrolments in the state pension scheme and the end of service gratuity, presuming that the new law delivers fairer benefits than the current pension scheme.
- Employers must enroll both their Qatari national workers and themselves in the GRSIA.
Bottom Line
The law is also related to Qatar Vision 2030, which aspires to make Qatar into a modern society that can achieve sustainable development and guarantee a good quality of living for its citizens for many future generations to come.
Although Qataris constitute only about 10% of the workforce in the private sector, the government’s intention to guarantee that 50% of the workforce is composed of Qatari citizens by 2030 will make the private sector more appealing with the enlargement of the social security program.
How can HLB HAMT support?
We are glad to assist companies in adhering to the Social Security Law in Qatar and make sure they are in compliance with the Social Security Law’s requirements. The leading payroll outsourcing firm in the GCC region, HLB HAMT, will efficiently and completely cater to your objectives.
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Cybersecurity – What is the auditor’s role?
Sumesh Krishna, Partner
Phone:- +971 4 327 7775
Mobile:- +971 50 749 0576
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
Cybersecurity risks are continuously evolving in the current world; therefore, the auditor must continuously evaluate the potential for cybersecurity incidents to have a material impact on the financial statements. The Standards require the financial statement auditor to understand how the company uses its information technology systems and its impact on the financial statements. This process includes understanding the extent of the company’s automated controls on the transactions and related reporting to the financial statements.
The general IT systems controls are significant for the reliability of data and reports produced by the company and used in the financial reporting process, including IT risks resulting from unauthorized access. The financial statement auditors must consider their understanding of the company’s IT systems and controls for evaluating the risks of material misstatement in the financial statements.
The systems and data are in scope for most financial statement audits in the IT environment of the company. Usually, these are a subset of systems and data used to support the company’s overall business operations.
The auditor focuses on access controls and changes to systems and data, computer operations controls, and the reliability of company-prepared information by using the computer systems and data that could impact the financial statements and their effectiveness.
The financial statement auditor’s primary focus is on the controls and systems closest to the application data of interest to audit the financial statements. Audit procedures will then be developed to address each company’s unique IT environment. Many cybersecurity incidents first occur through the perimeter and internal network layers, which tend to be further removed from the application, database, and operating systems typically included in access control testing of systems that affect the financial statements.
However, the cybersecurity risk landscape has evolved, and the frequency and complexity of cybersecurity attacks continue to change. For example, cybersecurity incidents have resulted in the disbursement of unauthorized funds (e.g., a wire transfer) through compromising the company’s email system. Such incidents may not necessarily be sophisticated in the use of technology; instead, they have adapted to exploit weaknesses in the company’s policies and procedures that are vulnerable to cybersecurity risk today.
As part of risk assessment and planning, auditors would broadly consider cybersecurity risks that could have a significant effect on the company’s financial statements Considerations related to cybersecurity risks include the potential fiscal impact of such risks on the financial statements and the inability of an organization to issue financial statements promptly because of a breach of its financial reporting systems (e.g., due to a ransomware attack). For example, auditors may obtain an understanding of the company’s business operations that give rise to cybersecurity risk and, to the extent such risks are deemed material to the company’s financial statements, adjust their audit plan accordingly to address those risks. The Common areas that may have exposure to cybersecurity risk include the transaction processes where bank account information is modified and funds are disbursed (e.g., wire transfer).
Concerning the company’s cybersecurity disclosures, the auditor’s responsibilities depend on whether the disclosures are included in the audited financial statements. Suppose the disclosure is included in the audited financial statements. In that case, the auditor performs procedures to assess whether the financial statements, taken as a whole, are presented fairly in all material respects. The auditor’s assessment includes procedures specific to the financial statement disclosures. Such as, if a cybersecurity breach with a material financial statement impact occurs, the auditor will perform procedures around the affected account balances and assess whether the disclosures related to material contingent liabilities, if any, are reasonable concerning the financial statements taken as a whole.
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Contract Assets and Contract Liabilities
Gireesh Kumar, Partner
Phone:- +971 4 327 7775
Mobile:- +971 50 749 0576
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
IFRS 15 “Revenue from Contract with customers” is a complex standard at least for few industry sectors like, those entities primarily in contracts with multiple performance obligations or those that deal with contracts that span multiple periods. Since its introduction, many accountants have confusion on the accounting treatment of certain elements of this standard, especially on how to account for contract assets and contract liabilities.
Contract assets
A contract asset is recognized when an entity satisfied its performance obligation in the contact with customer, i.e. work done and revenue recognized, but the entity will be able to bill the customer only after it satisfies other performance obligations in the same contract. The right to receive the payments against contract assets are conditional on future performance of the entity. Contract assets are different from accounts receivables, as accounts receivables have unconditional right to receive payment.
Impairment on contract assets
In accordance with paragraph 107 of IFRS 15, Since a contract asset is a right to consideration in exchange for goods or services that the entity has transferred to a customer, it is a financial asset and the entity shall assess a contract asset for impairment in accordance with IFRS 9 “Financial Instruments”. Therefore, the entities are required to recognize the expected credit loss on their contract assets in line with the provisions of IFRS 9.
Contract liabilities
A contract liability is the obligation of an entity to transfer goods or services and is recognized when a payment from a customer is due or received before a related the performance obligation not satisfied as per the terms of contract with the customer (Refer para 106 of IFRS 15). In another words, a contract liability arises when an entity has invoiced the customer or received payment from them, but the related work not yet completed in accordance with the performance obligation on the contract and the invoices or payments exceed the revenue recognized to date.
IFRS 15 does not prohibiting the entities from using alternative descriptions in the statement financial position other than the standard words ‘contract asset’ and ‘contract liability. However, whatever terminology is used, entities must make sure that they are accounted for as being distinct from accounts receivables which will arise when an invoice has been issued.
Decision tree on Contract Assets and Contract Liabilities
Practical example 1
Coders, a software trading Company, enters a contract with a customer who purchase a software license from them along with 24-month monthly support plan. The customer must pay CU2,000/- for the software license within one month after the commencement of contact and CU500/- per month for the monthly support during next 24 months. The total transaction price as per contract is CU14,000/- (CU2,000/- + CU500x24). Coders considers the software license and monthly support plan as separate performance obligation and the standalone prices for each obligation are CU6,800 and CU7,200 respectively. Following are the entries recorded in the books of accounts of Coders:
- Upon signing of contract and software license provided to the customer:
- Performance obligation satisfied – CU6,800/- (software license provided to customer)
- Amount due unconditionally – CU2,000/- (to be paid in one month)
- Payment due on Conditional – CU4,800/- (monthly support plan provided in future)
- When the invoices for CU500/-for the first month of monthly support issued:
- Amount due from customer – CU500/-
- Partial repayment of software license – CU200/- (from Coders’ perspective)
- Amount related to monthly support plan – CU300/- (from Coders’ perspective)
Practical example 2
Signage LLC entered into a contract with their customer to create and deliver a sign board of the customer based on the specifications provided by them. The consideration agreed in the contract is CU50,000/-. As per the terms of the contract the customer will be invoiced in advance for a 50% of the contract value and the balance upon the completion of the obligation by delivering the sign board. All payment should be made within 30 days after the invoice date.
Entries in the books of Signage LLC:
- For the invoice of 50% advance:
- For receipt from customer:
- Delivery of sign board and balance invoice:
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