Author name: AB Capital Services

The United Arab Emirates (UAE) has grown and developed into an international business destination that attracts investors, business people and multinational corporations. Another of the most effective tactics which companies apply in order to increase effectiveness of their activity in the UAE is leveraging holding companies and group structuring. It also has a number of financial, legal, and strategic advantages in addition to increasing operational effectiveness. In this article we are going to discuss the importance of holding companies in the UAE, the advantages of group structuring and how companies can leverage such models. What is a Holding Company? A holding company is simply a company that owns shares in other companies. It does not engage in production and sale of goods and services, but rather supervises and directs its operating companies through owning their shares or securities. In the UAE, the holding companies are generally adopted for managing the fixed assets like real estate, patents, trademarks and other investments. Benefits of Setting Up a Holding Company in the UAE Asset Protection: The first advantage of a holding company is that it provides the shareholders with better protection of their assets. Through this integration, operational and investment assets are distinguished to protect high risk and valuable assets from legal actions or other losses. Tax Optimization: The UAE has a relatively low tax system and no income tax, capital gains tax, or withholding taxes for holding companies. This makes it possible for businesses to minimize their tax responsibilities, thus making the UAE a favorable country for holding company formations. Simplified Management: A holding company structure makes the management of several subsidiaries easier. It enables the parent company to manage and coordinate several businesses in one organization, hence enhancing efficiency. Risk Mitigation: There are advantages of group structuring through holding companies, and the risks are also reduced. Another advantage is that if one subsidiary is experiencing some financial troubles or legal issues, the holding company and the rest of the subsidiaries are protected from the direct influence. Facilitated Investment Opportunities: The legal requirements of holding companies in the UAE can attract local and foreign investors because of the country’s strong legal system, geographical advantage, and business-friendly environment. It also facilitates mergers, acquisitions, and joint venture since the companies are already structured to accommodate such strategies. Understanding Group Structuring in the UAE Group structuring involves the formulation of a pyramid in which several companies fall under a single parent company. It also makes business sense since it enables organizations to spread their operations while at the same time keeping all the important functions under their control. Key Advantages of Group Structuring Enhanced Operational Efficiency: This is because through group structuring, businesses are able to reduce costs in different areas of operation such as through consolidation of core functions such as finance, human resource and information technology. Brand Consistency and Market Expansion: Group structures also enable the companies to work under a single brand hence reducing on the costs of expansion to new markets. They can work under the same brand name and this creates a strong market image and customer confidence. Legal and Financial Flexibility: Corporate group structure allows for the easy of resource mobility, shifting of funds from one subsidiary to another and flexibility in restructuring the company. This flexibility helps to respond to changes in the market and to capture new opportunities. Regulatory Compliance and Control: The legal structure of the UAE is friendly to group structures as there is a lot of certainty and backing for conglomerate structures. This assists in observing legal requirements of the country of operation while at the same time exercising some level of control over various business operations. Steps to Set Up a Holding Company in the UAE Choose the Right Jurisdiction: The UAE has a number of options available to business people in terms of formation of companies: mainland, free zones and offshore. The choice of the right jurisdiction is very important if one wants to reap maximum benefits of having a holding company formation. Define the Business Structure: Select the type of holding company and its subsidiaries depending on the goals that you set for your business. This could be in the form of investment holding, asset management or managing operating businesses. Legal and Regulatory Compliance: Make sure that your holding company is in line with the UAE laws regarding licensing, reporting and taxation. One should seek legal and financial advice when dealing with the requirements set by the government. Capital Requirements and Funding: Determine the amount of capital required for the holding company and the funding sources available. This could be through internal resource mobilization, external financing or through partnerships. Develop a Governance Framework: Establish a sound corporate governance system that will help in the management of subsidiary companies, risk management and corporate governance. This entails the appointment of a board of directors, structure of management and internal controls. Common Challenges in Holding Companies & Group Structuring Regulatory Complexity: The legal framework of the UAE is complex, particularly for those organizations that are new to the region. One needs to be in touch with the existing rules and regulations to avoid coming across the legal pitfalls. Cost of Setup and Maintenance: Running a holding company and its subsidiaries also require some amount of expenditure in the form of licenses, legal fees and other overheads. Corporate Governance: The operational and strategic management of several subsidiaries within a group structure calls for proper corporate governance to ensure that all the subsidiaries are aligned and operate as a single entity towards the realization of the group’s strategic vision. Market Adaptability: The business environment of the UAE is very competitive and constantly evolving and therefore the structures of the companies have to be flexible enough to respond to the changes in the market, competition and the economy. How to Leverage Holding Companies for Business Growth Strategic Acquisitions: As for the acquisition of new businesses, revenue sources, and markets, it is possible to use holding companies