Terms and Conditions

Business Incorporation in the UAE – General Information

Business Incorporation in the UAE – General Information

 1. Definitions

- Any capitalized terms used in this document shall have the meaning given to them in the SandB Standard Terms and Conditions. 

- Request a copy of these Terms and Conditions if you have not yet received one.

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 2. Schedules

- Refer to the relevant Schedules for information specific to various onshore and offshore jurisdictions.

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 3. Changes

1. Purpose of Document: This document is for informational purposes only to assist in setting up your company.

2. Accuracy of Information: The information is correct at the time of printing, but it may change due to updates in laws, regulations, or practices.

3. No Ongoing Updates: SandB is not responsible for keeping customers or visa applicants updated on changes to the information provided.

4. No Liability for Inaccuracies: SandB is not liable for any inaccuracies in the information provided. It is your responsibility to stay informed about relevant laws and regulations.

5. Promotions: Any promotions offered by SandB are time-bound and cannot be availed after the specified period.

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 4. Public Holidays

- During Ramadan, Eid, days of mourning, and other national/religious holidays, all timelines are subject to delays.

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 5. Visa Application Process

1. Visa Progress Updates: SandB is legally obliged to keep visa applicants informed about their application progress. Visas and passports are released directly to the applicant unless instructed otherwise.

2. Document Processing: Visa-related documents submitted to SandB are processed the following business day.

3. Unified Number Requirement: GCC nationals must visit immigration offices to obtain a Unified Number report (AED 250 fee, 3 business days processing time).

4. Visa Termination/Cancellation: No refunds are provided if a visa application is terminated or cancelled. Reapplying requires starting the process anew with full payment.

5. Overstay Fines: Overstay fines must be settled before issuing an entry visa. An administration fee and typing fees apply.

6. Entry Visa Requirements: Visa applicants outside the UAE must enter on their new entry visa, not on a tourist or visit visa.

7. Residency Maintenance: UAE residents must enter the country at least once every 180 days.

8. Change of Status: Must be completed before applying for an Emirates ID and medical test.

9. Travel Authorization: Visa applicants outside the UAE must ensure airlines verify their entry visa before travel.

10. Travel During Visa Processing: Visa applicants from countries with visa-on-arrival privileges should contact SandB before re-entering the UAE.

11. Grace Period: Applicants on a 30-day grace period may not need to exit the country for a change of status.

12. Schengen Nationals: Schengen nationals who exhaust their 90-day visit period must stay out of the UAE for 90 days before re-entering on a tourist visa.

13. Helper/Maid/Driver Visas: In-country change of status is not permitted for those on tourist visas; airport-to-airport transfers are required.

14. Eye Scan Requirement: Visa applicants must complete an eye scan upon entry and ensure their passport and entry visa are stamped.

15. Travel Restrictions: Visa applicants cannot travel outside the UAE until their residency visa is stamped.

16. Nationality-Based Delays: Visa processing times may vary by nationality.

17. Application Resubmission: If an application is returned due to pending documents, you have 10 business days to resubmit it.

18. Additional Documentation: Immigration may request birth certificates, attested passport copies, or original passports for certain nationalities.

19. Name-Based Delays: Visa applicants with names originating from restricted countries may face delays or rejections.

20. Uncleared Visit Visas: Delays may occur if a visa applicant’s previous exit was not recorded in the immigration system.

21. Emirates ID Issuance: The timeline for Emirates ID issuance is at the discretion of the Emirates ID Authority (typically 15 business days).

22. Lost Emirates ID: If an Emirates ID is lost, applicants must obtain a copy of their previous ID number from the Emirates ID Authority.

23. Passport Renewal: Ensure the new passport reflects the same name as the original.

24. Customs Code: A valid UAE residency visa is required to secure a customs code (import/export code).

25. Name Change Documentation: If your name has changed (e.g., due to marriage), provide a certificate from your embassy/consulate, attested by the UAE Ministry of Foreign Affairs and translated into Arabic.

26. Security Approval Rejection: If a visa application is rejected due to security approval, the applicant may be ineligible for future tourist visas (exceptions apply to visa-on-arrival nationals).

27. Multiple Passports: Inform SandB if you hold multiple passports. You cannot travel on a second passport while a visa application is in process.

28. Temporary Passports: Entry on a temporary passport is not permitted if your normal passport has expired or run out of pages.

29. Travel to Iran/Kish: Applicants who have visited Iran or Kish must wait 6 months before applying for a UAE residency visa.

30. Emirates ID Delivery: SandB is not responsible for delays in Emirates ID issuance or requests for redoing biodata procedures.

31. Handwritten Passports: Handwritten passports are no longer accepted; only electronic/typed passports are valid.

32. Single-Name Passports: Passports with only a first name are not accepted.

33. One-Name Passports: If a shareholder/manager has only one name on their passport, the father’s name/surname will be included in company documents.

34. Passport Consistency: The same passport must be used for company incorporation and visa applications.

35. Passport Validity: Visa validity will match passport validity (e.g., a 2-year passport will result in a 2-year visa).

36. Passport Amendments: Any changes to passport design, format, or validity must be updated in the immigration system, requiring additional documentation.

37. Housemaid Visa Restrictions: Applicants with previous UAE residency visas as housemaids may face restrictions on obtaining employment visas.

38. Application Resubmission Timelines: Resubmitted applications (e.g., Trade Licence, Immigration Card) will follow the same timelines as new applications.

39. Traffic Fines: All outstanding traffic fines must be settled before applying for or cancelling a visa.

40. Visa Misuse: Selling visas or working for another company while holding a visa under your company may lead to legal prosecution and deportation.

41. Visa Expiry Reminders: SandB does not send reminders before residency visa expiry. Contact SandB at least 30 working days before expiry to renew.

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 6. Company Documentation and Registered Address

1. Issuance of Documents: Company documentation (e.g., trade licences) is issued by the relevant authority, and visas are issued by immigration authorities.

2. Registered Address: The registered address for your company will be as stated on your Trade Licence and must be used on all official correspondence.

3. Flexi-Desk Arrangement: In free zones with flexi-desk arrangements, the P.O. Box on your Trade Licence cannot be used for receiving mail or packages.

4. P.O. Box Restrictions: You cannot secure an independent P.O. Box in Dubai if your company is set up in a free zone in another emirate.

5. P.O. Box Cancellation: You cannot cancel a P.O. Box unless you close your company.

6. Tax Residency Certificates: Offshore companies and branches of foreign companies are not eligible for Tax Residency Certificates.

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 7. Branches and Subsidiaries

1. Certificate Requirements: For branches or subsidiaries, attested Certificates of Incumbency and Good Standing are required to open a bank account.

2. Board Resolution: A board resolution is required to open a branch or subsidiary of a UAE-registered company.

3. Non-UAE Parent Companies: Non-UAE parent companies must submit an attested Certificate of Good Standing annually.

4. Beneficial Owners: Identify the beneficial owners of any shareholder or parent company to open a bank account.

5. Third-Party Offices: You cannot permanently work from third-party offices unless engaged in a specific project requiring client presence.

6. Free Zone NOC: A No Objection Certificate (NOC) is required to open a branch or subsidiary of another free zone or offshore company.

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 8. Company Names

1. Restricted Names: Names referencing religious terms, ruling families, emirates, or international organizations are not permitted.

2. Prohibited Words: Words like “Dubai,” “Limited,” “Financial,” “Agriculture,” “Import,” “Export,” and “Manufacturing” cannot be used.

3. Derived Words: Words derived from “Corporation,” “Olympic,” “Jumaira,” “Palm,” etc., are restricted.

4. Public Order and Morals: Names violating public order and morals are not permitted.

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 9. Bank Accounts

1. Physical Presence: All relevant parties must be physically present in the UAE to open a bank account.

2. Salary Payments: Monthly salary payments must be made from the company bank account for visa holders.

3. Banking Contacts: SandB provides a list of banking contacts but is not involved in the account-opening process.

4. Account Opening: SandB does not guarantee successful bank account opening or timelines.

5. Account Maintenance: Renewed Trade Licences must be lodged with the bank annually to keep the account active.

6. Utility Bills: Residential premises are required for personal utility bills, and physical office space is required for company utility bills.

7. Physical Office Requirement: Most banks require a physical office to open a company bank account.

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 10. Company Closure

1. Outstanding Obligations: Do not cancel a company licence if it holds corporate bank accounts, outstanding loans, or assets.

2. Licence and Visa Cancellation: Company licences and visas must be formally cancelled to avoid fines and default status.

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 Schedules

Refer to the specific schedules for detailed information on:

- Shams Free Zone

- Fujairah Creative City Free Zone

- Dubai Department of Economic Development (DED)

- Dubai Multi Commodities Centre (DMCC)

- UAQ Free Trade Zone

- D3 (Dubai Design District)

- Dubai South Free Zone

- Ajman Free Zone (AFZ)

- Dubai World Trade Centre (DWTC)

- Jebel Ali Free Zone (JAFZ)