Ensuring Compliance After Business Registration in Dubai

Author: Melban Mascarenhas
Published: September 10, 2024
Category: Business in Dubai

Introduction

If you're on the cusp of completing your business registration in Dubai, you're probably wondering what comes next. With its robust business environment and strong economy, the UAE is one of the best places in the world to start a business.

This guide empowers you with all the information you need to ensure compliance with local laws and regulations in the UAE. Non-compliance in the UAE can open you up to risks such as hefty fines, license suspensions, and even forced business closure.

With the following information at your fingertips, you can make sure your UAE business is safe, aligned with compliance requirements, and ready to thrive in this dynamic market.

1. Taxation

Value Added Tax (VAT)

Getting savvy with the UAE's tax systems will keep you ahead of the curve. Value Added Tax (VAT) is applicable to most businesses in the UAE.

VAT Registration Requirements:

Corporate Tax (CT)

Corporate Tax is a form of direct tax levied on the net income or profit of corporations and other entities from their business. Recently, the UAE introduced a new CT system. The UAE's CT framework has been crafted to adopt global best practices while reducing the compliance burden on businesses.

Corporate Tax Key Details:

Important: Keep detailed financial records to avoid errors and penalties.

2. Financial Auditing

Many businesses, especially those in certain sectors or with specific financial thresholds, are required to have their financial statements audited annually. Businesses must maintain accurate financial records for a specified period, typically five years.

Required Documents for Annual External Audits

For annual external audits to banks and regulators, businesses must have ready:

UAE Mainland Companies

If you are a company registered in the UAE mainland, your company's financial records need to be audited annually. These audited accounts don't need to be submitted to the authorities, but they need to be filed for future reference, when dealing with banks, investors, and potential business partners.

Free Zone Companies

For businesses in free zones, audit requirements are different based on which free zone you choose. In many free zones, annual audited financial accounts are necessary for your renewal process. With a business consultant in your free zone, you can understand the unique requirements for your business.

3. Economic Substance Regulations (ESR)

The primary goal of the Economic Substance Regulations (ESR) is to ensure that companies engaged in specific activities maintain a genuine economic presence in the country.

Industries Subject to ESR

If you are a part of the following key industries, ESR will apply to your business:

ESR Compliance Requirements

If your business is part of these industries, you will need to:

  1. Submit an ESR notification within 6 months of your financial year-end
  2. Submit an ESR report within 12 months of your financial year-end (on certain occasions)
  3. Provide sufficient evidence to substantiate the claim that your company maintains adequate economic substance in the UAE

Penalties: If you fail to comply with ESR regulations, the penalties can be significant, possibly leading to fines of AED 50,000.

4. Ultimate Beneficial Owner (UBO) Compliance

UBO compliance is a crucial aspect of doing business in the UAE.

What is a UBO?

An Ultimate Beneficial Owner (UBO) is the natural person who ultimately owns or controls a company, whether directly or indirectly. They are the individuals who benefit from the company's activities. In the UAE, UBO is important for transparency and anti-corruption. Typically, a UBO owns or controls over 25% of a company's shares or voting rights.

UBO Registration Requirements

Special Considerations

Penalties: Failure to comply with UBO regulations can result in significant penalties, including fines and potential legal action.

5. Anti-Money Laundering (AML) and Counter-Finance Terrorism (CFT)

The UAE has implemented robust anti-money laundering (AML) and counter-terrorism financing (CTF) regulations to combat illicit activities and maintain a sound financial system. These regulations are aligned with international standards set by the Financial Action Task Force (FATF).

Regulatory Bodies

The UAE Central Bank and the Securities and Commodities Authority are the primary regulatory bodies responsible for overseeing AML/CFT compliance within the financial sector.

General Requirements

Businesses will have to undergo:

High-Risk Sectors with Additional Requirements

While all businesses must be aware of AML and CFT regulations, some sectors have additional requirements:

Additional Requirements for High-Risk Sectors

Those who fall within these sectors must do the following:

  1. Register on the goAML website
  2. Report any suspicious activities or transactions immediately
  3. Implement Know Your Customer (KYC) procedures
  4. Carry out regular staff training so that all employees are aware of AML/CFT regulations

Penalties: Not adhering to these regulations can leave you at risk for hefty fines and potential imprisonment.

Your Annual Compliance Checklist

When it comes to annual compliance, there are specific requirements and documentation that all entrepreneurs who have completed their business registration in Dubai, UAE should consistently review:

  1. Trade license renewal
  2. Immigration card renewal
  3. Labour card renewal
  4. Visa renewal
  5. Custom code renewal (for trading companies)
  6. Insurance policies
  7. Lease agreements

Data Protection Compliance

Businesses must also comply with data protection laws, such as the UAE Personal Data Protection Law, to protect the privacy of personal information.

Important Note

Entrepreneurs must keep in mind that based on their industry or business setup (free zone or mainland), compliance requirements may vary.

Conclusion

By following these guidelines, businesses can minimise the risk of non-compliance and operate smoothly within the UAE's legal framework. Connect with a business setup advisor to make sure you follow each requirement and avoid disruption to your business journey.


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