Supreme Council Member and Ruler of Sharjah
Transcription
Supreme Council Member and Ruler of Sharjah
Investor Guide First Edition - 2013 His Highness Sheikh Dr. Sultan bin Mohammed Al Qasimi Supreme Council Member and Ruler of Sharjah Sheikh Sultan bin Mohammed bin Sultan Al Qasimi Crown Prince, Deputy Ruler of Sharjah and Chairman of the Executive Board Message from the Chairman In a changing world our vision which reflects a mixture of the authentic past with the present was launched. With progress comes the enrichment of knowledge and guidance in accordance with Islamic standards and ethical business values. Sharjah’s development of Islamic civilization and remarkable scientific progress is thereby showcased. The world has become open to diverse cultures along with technological developments thus resulting in effective communication with clients. Through commitment to our roots, high ambitions, and loyalty to our culture and national identity, we strive to provide the best services to our clients. Sultan Abdullah bin Hadda Al Suwaidi - Chairman About Sharjah The first sign of civilization in the UAE was found on the Al Faya Mountain in Sharjah, this historical finding dates back to around 85,000 B.C. Approximately 7,000 years ago the desert climate within the region shifted leading to an increase in the amount of rain resulting in fertile plains that encouraged the Bedouins, who prior to the shift hunted and were herding cattle as means survival and preservation. Before the U.A.E Archaeological excavations in 1978 not much was known about this region, as there were discoveries taking place in other regions in Sharjah, like Kalba, Maliha, Tal Abrak, Dibba and Al Bahis Mountain. Most discoveries in Sharjah date back to the Stone Age or later, and are displayed in the Sharjah Archaeology Museum. Index 01 09 19 29 43 49 53 Registration Procedures License Procedures Trade Names Procedures Legal Affairs Procedures Procedures of Obtaining Permits Commercial Services & Control Procedures Chapter One Chapter Two Chapter Three Chapter Four Chapter Five Chapter Six Customer Services Chapter Seven Electronic Services Chapter 1 Registration Procedures 16 Investor Guide | Registration Procedures Registration Procedures Limited liability companies (LLC) registration A limited liability company is one with limited liability, where the number of partners may not exceed fifty and should not be less than two. Each of the partners is only liable to the extent of his share in the capital. In all cases, a UAE national partner is required, with a shareholding of not less than 51% of the paid-up capital. Procedures 1. The investor (applicant) contacts the licenses section after completing the procedures of trade names, legal affairs and inspection to complete his transaction. 2.The employee reviews the basic license data and endorses it or, alternatively,makes the necessary amendments to the existing data and adds any if required. 3. Issuance of payment permission and auditing. 4. After payments, issuance of license and registration certificates. Relevant Sections • Trade names. • Approvals from official authorities if necessary and according to business. • Inspection. • Lease contracts. • Legal affairs. • Notary public. • Licenses section. • Ministry of Economy. Required Documents • License form. • Brand certificate. • Copy of the passport and National ID and identity of the UAE national. • Certified no objection letter from the 2 Investor Guide | Registration Procedures applicant, a copy of the passport and visa or residence and identity card of the expatriate. • Technical assessment report. • Official approvals, if any. • Partnership contract (Memorandum certified by a Notary Public.) • Ministry of Economy approval. • Legal affairs approval. • Certified copy of the lease contract. • Map image or property certificate. Partnership company registration abstract ( family book ) & national ID of the UAE national. • Technical Assessment Report. • Official approvals, if any. • Partnership Contract (Memorandum) certified by a Notary public. • Ministry of Economy approval. • Legal Affairs approval. • Certified copy of the lease contract. • Map image or Property certificate. • Billboard design. Local services agent license or business partnership license registration A partnership company is a company formed by two or more partners who are jointly liable to the extent of all their shares for the company’s liabilities. All partners must be UAE Nationals. Individual establishments are owned by only one person with the purpose of practicing any economic activity (business or professional). The establishment’s financial liability extends to the establishment owner, as he bears all financial obligations of the establishment. Procedures 1. The investor contacts the Licenses Section after completing the procedures of trade names, legal affairs and inspection to complete his transaction. 2. The employee reviews the basic license data and endorses it or, alternatively, makes the necessary amendments to the existing data and adds any if required. 3. Issuance on payment permission and auditing. 4. After payment, issuance of license and registration certificates. If the owner of the establishment is not a UAE or GCC national, the license must be regulated through a local Service Agent who shall be a UAE national and must be a natural person and not a legal entity. Relevant Sections Trade names, official bodies if necessary, inspection, lease contracts, legal affairs, notary public, and Licenses Section, in addition to the Ministry of Economy. Required Documents • License form. • Brand certificate. • Copy of the passport and, civil register Procedures 1. Attendance of the license parties for the preliminary license approval from the trade names section. 2. Attendance of the license parties or their legal representatives to sign the Local Service Agent Agreement or a business partnership contract. 3. The investor contacts the Licenses Section after completing the procedures of trade names, Legal affairs and inspection to complete his transaction. The employee reviews the basic license data and endorses it or, alternatively, makes the necessary amendments to the existing data and adds any if required. 4.Issuance of payment permission and auditing. 5. After payment, issuance of license and Commercial Register certificate. Relevant Sections • Trade names • Official authorities if necessary. • Compliance & protection. • Municipality (lease contracts). • Legal affairs. • License Sections. Required Documents • License form. • Commercial Name Certificate. • Copy of the passport and civil register abstract ( family book ) & national ID of the UAE national. • No objection letter from the applicant and a copy of the passport and visa or residence and identity card of the expatriate. • Technical assessment report. • Approval issued by other Government authorities according to the type of activity, if any. • Local Service Agent Agreement certified by the legal affairs section. • Certified copy of the lease contract. • Map image or property certificate. • Billboard design. Foreign company branch registration Application submitted by the concerned parties for preliminary license approval for a branch of a foreign company abroad. Procedures 1. Apply for the license using the application form issued by the Department of Economic Development. 2. Meeting minutes or approval of the Board of Directors to open the branch, along with legal translation and the statement by the company representative. 3. Provide the Section with documents Investor Guide | Registration Procedures 3 authenticated by the UAE Embassy in the foreign country and the UAE Ministry of foreign affairs together with translations if needed. 4.Power of Attorney issued in favor of the foreign company representative to proceed. 5. Provide all the required documents for approval by the Section Head. 6. After completing all required paperwork, head of trade name section to indicate approval for branch registration on the license application form. 7. Check with the Trade Name Section for verification. 8.Applicant to contact the Ministry of Economy for approval to establish the branch. Relevant Sections • • • • • Trade names. Official authorities if necessary. Legal affairs. Municipality (lease contracts). Licenses Sections. Required Documents • License form. • Authenticated commercial license and registration certificate for the main company. • Translated and authenticated main company’s Memorandum of Association and its amendments if any. • Certified copy of the main company’s Statute (for public & private shareholder companies) with legal translation. • Legal translated minutes of meeting of the Company’s board of directors or resolution authorizing opening of the branch. • Certified copy of agency contract between the foreign company and the local agent. 4 Investor Guide | Registration Procedures Local company branch registration Application submitted by the concerned parties for a license to establish a branch of a company in other Emirates. Procedures 1. Apply for the license using the application form issued by the Department of Economic Development. 2.After completing all the required paper work, proceed to the head of trade name section for the approval of the branch registration on the application form. 3. Follow up with the trade name section for trade name adoption. Relevant Sections • Trade names. • Official authorities if necessary. • Legal affairs. • Municipality (lease contracts). • Licenses Sections. Required Documents • A certified copy of the commercial license and registration certificate of the main (mother) company. • Authenticated copy of the main company’s Memorandum of Association and its amendments if any. • Authenticated copy of the main company’s Statute (for public & private shareholder companies). • Minutes of the meeting of the company’s board of directors stating their approval to open the branch. GCC company branch registration Procedures 1. Apply for the license using the application form issued by the Department of Economic Development. 2.Minutes of meeting of the Company’s board of directors or resolution authorizing opening of the branch as well as power of attorney or authorization to the representative of the gulf company. • All documents must be certified from the UAE embassy in the Gulf state and the Ministry of Foreign Affairs in the UAE. • Approval as a GCC company branch is subject to satisfying all the documents required. Relevant Sections • Certified copy of the trade license or Commercial Register certificate for the mother company. • Certified copy of the company’s Memorandum of Association and its amendments, if any. • Minutes of the company`s board meeting or resolution authorizing opening of the branch. Public / private shareholding company registration Public Shareholding Company Registration A Public Shareholding Company is a company with a share capital divided into equallyvalued tradeable shares; where the liability of each partner is limited to their share in the capital. All members who sign the company’s initial Memorandum and Articles of Association of such companies with the intention of becoming duly liable thereupon is considered a founder. Public shareholding companies are not licensed unless there are at least ten founders and the company’s share capital is not less than ten million AED. Private Shareholding Company Registration A Private Joint Stock Company is subject to all the rules and regulations pertaining to Public Joint Stock Companies, save for the following: • The number of founders must not be less than three. • Share capital must not be less than 2 million AED. • The shares of a private joint stock company cannot be offered for public subscription. Procedures 1. Submitting an application to the Department of Economic Development and the Ministry of Economy for registration in the Commercial Register in accordance with the terms and conditions set forth in the Commercial Registry Act and its implementing regulations within 15 days from the date of the Minister’s decision to declare the establishment of the company. 2. Submit an application to the Department of Economic Development regarding the establishment of the company. 3.The Ministry of Economy forms a committee, that includes a representative of the Ministry of Economy and the Department of Economic Development, assigned with the task of submitting a recommendation for (or against) the establishment of the company to the head of the department. 4.The head of the department issues a decision establishing the company. Investor Guide | Registration Procedures 5 5.The decision accompanied by related documents is submitted to the Ministry of Economy for the final decision to establish the company. 6. The trade name of the public shareholding company must be accompanied by the phrase “public company” and the trade name for a private shareholding company must be accompanied by the phrase “private joint stock company”. 7. The company may not engage in activity until after registration in the trade registry by the concerned authority. 6. The trade name of the public shareholding company must be accompanied by «public company» and the trade name for a private shareholding company «private joint stock company». 7. The company may not engage in activity only after registration in the trade registry by the concerned authority. Relevant Sections • Trade names. • Inspection Department. • Lease Contracts. • License Sections. • Legal affairs. • Ministry of Economy. • Notary public. Required Documents • Two certified copies of the company’s Articles and Memorandum of Association duly authenticated. • Two copies of the list of board members place of birth & nationality of each of them. • Copy of Memorandum of Association and statute certified by the notary public. • Feasibility Study. 6 Investor Guide | Registration Procedures Investor Guide | Registration Procedures 7 Chapter 2 License Procedures Trade Names Procedures 8 Investor Guide | License & Trade Names Procedures License Procedures Trade Names Procedures Issuing trade names Procedures 1.Investors, or their representatives, apply for a license using the license application form and fill it with all required data (such as the type of license, the legal form of the trade name, the required activities and partners) with trade names provided in order of preference. 2. New investors must register first through the website for the Department of Economic Development. 3.Submit the application form to the employee handling entry of trade name data with all the required documents. 4.The employee handles entering the trade name data of the investor and the selection of trade names from list submitted by the investor according to the mentioned priorities making sure to select the first trade name not booked by another investor and does not violate the conditions and instructions. 5. Adding the activities to the name. There is no limit to the number of added activities but they must be homogeneous unless an exception is granted from the administration. 6. In case all names were reserved, investor selects other names and so on, until a trade name is booked for the company or the investor may leave selection of the trade name to the employee. 7. It is possible to register with an existing trade name if the new trade name is a compound name. 8. The trade name is referred, according to the type of activity, to the inspection department, the municipality or to the legal affairs or to any other authorities involved in the name approval to complete the procedure. 10 Investor Guide | License & Trade Names Procedures Licensing Relevant Sections Trade Names Section Required Documents • License form. • List of the investor licenses. • Electronic form of investor registration. • Copies of valid passport and naturalization identification & national ID of the UAE national and residence for expatriates. • For non-GCC license applicants, no objection letter from the sponsor certified by the courts or the Sharjah Chamber of Commerce and Industry. • No objection letter from the Sharia Court for those under 21 (if an investor is under age). • Approval letter from the relevant authorities for the activities required. Leases contracts Ratification of lease contracts in the event of issuing a license, changing location or amendment of data. Procedures 1. Submitting the contract to Trade Control section. 2. Reviewing and subsequent ratification of the lease by the section. 3. Ratification by the contracts section. Relevant Sections Commercial Control, Contracts section. Required Documents • Application form to the department. • Land map. • Title Deed. Procedures 1. The concerned employee calculates the license fees, the client receives the payment permit to make the relevant payment at the Cashier. 2.The investor (client) receives the license and commercial register. Relevant Sections License section Required Documents • License Form. • Trade name documents & approved technical assessment. • All final approvals issued by other government authorities according to the type of activity. • Lease ratified by the municipality, title deed and plot map. • Authenticated Partnership Contracts. • Approved billboard form (sales and promotions). License renewal All commercial licenses are valid for a period of 12 months, and renewed annually thereafter. Procedures 1.The concerned employee calculates the license renewal fee, the client receives the payment permit to make the relevant payment at the Cashier. 2. The investor (client) receives the renewed license and commercial register . Required Documents • License application form signed by the authorized person. • Copy of valid passport and civil register abstract ( family book ) & national ID. • Copies of valid passport and ID for the expatriate. • Copy of the commercial license. • Copy of valid and endorsed lease contract. • All approvals issued by other government authorities according to the type of activity. Permits Issuing a permit to warehouse for a license issued inside or outside Sharjah: Permits for warehouses for licenses from within the Emirates: Procedures 1. Fill in the license form. 2. Book an appointment with the concerned section for evaluation and approval of the site (before leasing). 3. Obtain the approval of Civil Defense for the location. 4.Authentication and certification of the lease. 5. Obtaining the approval of other government authorities according to the type of activity if necessary. 6.Visiting the Licensing Department to compute the permit fees. 7. Fees payment. 8. Receipt of the permit. Relevant Sections Department of Economic Development, Industrial Area Branch. Required Documents • License form. • Copy of an initial valid license. • Copy of a valid passport for expatriate • Copy of a map of the plot or the title deed(before lease). • Approvals of other government authorities according to the type of activity. Investor Guide | License & Trade Names Procedures 11 Government Authorities according to the type of activity Permits for warehouses for the licenses from outside the Emirate National Media Council Ports Customs Department Presses, video shops, computer pro- Customs clearance, maritime aviation, Procedures 1. Fill in license Form for approval by authorized employee. 2. Book an appointment with the concerned section for evaluation and approval of the site (before leasing). 3. Obtain the approval of Civil Defense for the location. 4.Authentication and certification of the lease. 5. Obtaining the approval of other government authorities according to the type of activity if necessary. 6.Visiting the Licensing Department to compute the permit fees. 7. Fees payment. 8. Receipt of the permit grams, silk-screen marketing and adver- ship maintenance, marine engineering, tising, TV production, concert organizing, stevedoring, sea freight, vessel agents internet services, books and magazines, and traders, organizing sea cruises. Relevant Sections Department of Economic Industrial Area Branch. Development, Required Documents • License form. • Letter from the original license owner requesting warehouse license inside the Emirate. • Copy of valid original license . • Copy of a valid ID for the UAE national . • Copy of a valid passport for expatriate investor. • Copy of a map of the plot or the title deed (before leasing). • Approvals of other government authorities according to the type of activity. audio tapes. Ministry of Education and Youth Police Directorate Private institutes and schools, sport train- Gold trade, banks, seals and keys indus- ing centers, fitness centers, sport service try, karate and weightlifting training, companies. used furniture shops, demolition and surveillance cameras. Ministry of Health Traffic Committee, Sharjah Police H.Q. Private hospitals, clinics, pharmacies, Transportation, car rental, sewage suc- drug stores, optic centers, pharmaceuti- tion, driving lessons, rental of heavy cals and medical herbs, cosmetics import equipment, rental of paving equipment, and trade companies, health, fitness and car towage, international passenger massage centers, veterinarian clinics and transport and buses. drug stores, sports training centers. Sharjah Municipality Civil Defense Cosmetics, veterinary clinics, popular Companies selling firefighting equip- herbs, Men and Women beauty salons, ment, tools and materials, factories. and food products. Ministry of Agriculture and Fisheries Farms, fodder trade, agricultural and flower seedlings, organic fertilizers, imported fish trade and pesticides. The Ministry of Economy Accountants- insurance and reinsurancecompanies and branches of foreign Civil Aviation Travel and tourism, air freight, air freight companies, aviation training institutes, areal surveying, airplane charters, selling and booking travel tickets. Justice Department Law offices, legal translation companies Central Bank Banks, Stock Exchange Companies. 12 Investor Guide | License & Trade Names Procedures Investor Guide | License & Trade Names Procedures 13 Home license (E`temad license) Foundation of E`temad program • E`temad License Program was established in the Emirate of Sharjah to allow citizens to practice some commercial activities from home through: • Emphasis on keeping the house as a residential unit in the first place. • Without prejudice to residential life or harm to the residents right to enjoy a quiet family life. • License for specific activities with residential nature according to certain conditions and controls. The idea of E`temad program As part of the economic visions of the Department of Economic Development in the Emirate of Sharjah to stimulate economic projects small and micro in the Emirate, provide various facilities and open new areas for male and female citizens to encourage investment, the idea of the “E`temad” program was born to exercise activities from home. This program caters specifically to UAE nationals, especially those living in Sharjah and encourages them to be productive, proactive and utilizes their time by pushing them into the realm of economic life. E`temad program goals • Support the ideas and initiatives of male and female citizens to invest in private enterprises. • Empowering male and female citizens to contribute in the economic sector and the fields of business and commerce by providing them the opportunity to do business in the right way (micro-projects). • Organizing process of doing business from home in the Emirate of Sharjah. 14 Investor Guide | License & Trade Names Procedures • Open new areas and roles for the Emirate’s citizens and push them towards creativity and skills development. • Ensure the intellectual and economic rights of productive families and provide support to enhance commercial and promotional activity. E`temad license issuer E`temad licenses are issued by the Department of Economic Development in the Emirate of Sharjah after the applicant fulfills the conditions and requirements set by the Department, most important of which is the undertaking not to breach the terms of the license granted, practicing the activity at home only by the applicant. The License holder also would undertake to abide by all rules and regulations relating to the exercise of the licensed activity, whether existing or future, and has a responsibility to comply with all the procedures imposed by government departments and other government entities without the Department of Economic Development bearing any responsibility, and in the case of violation The Department may take appropriate measures to impose a financial penalty or/and to cancel the license. E`temad license conditions • All UAE nationals living in the United Arab Emirate of Sharjah are allowed to obtain E`temad licenses. • The applicant must at least 21 years old. • The license period is one year, renewable. • The applicant must have a house in the Emirate of Sharjah or have a letter of no objection from the owner of the house of any 1st degree relative. • Approval of the owner of the building or villa if the house was rented. • Signed undertaking from the license owner to abide by all rules and regulations relating to the terms of the license granted. Legal requirements for licensing 1. No citizen is allowed to practice any profitmaking activity from home without a prior license from the authorized department bodies under penalty of administrative and legal accountability. 2. No citizen is allowed to apply for any work permits (labor visas). Furthermore, other non-national parties are prohibited from having a direct role in the work of the license except those already in the home whose roles are temporary and irregular and who are unrelated to any license activity. The license holder is administratively and legally responsible to ensure this. 3. Renting the license is not permitted. 4. Practicing the activity must not result in producing heat emissions, glare, noise, smell, light, dust, vibrations, flames, fumes, interfering with electrical current, overlap with waves of radio and television or telephone, or cause gatherings or any other things that would limit the ability of anyone else to enjoy his home in any way. 5. The license holder shall maintain public health and safety, and not cause excess waste in the residential area. 6. The license owner commits to work during accepted working hours. He further must not allow household activities to cause an increase in traffic or to annoy residents of the area or limit their ability to enjoy their normal life. 7. It is not permissible to park vehicles of the business activities at night in front of the house in a manner that is incompatible with the general norm of the residential area, also the owner of the license undertakes not to allow the licensed activity to cause any pressure on the public parking of the area. 8. In accordance to the license condition, it is not allowed to put any billboards or promotional materials whether lit or not lit for the activity on the house, the outer wall of the house or any sign indicating that the house is used for any purpose other than residential. 9. It is not permissible to place any goods outside the home or to store drugs or any toxic substances or foods harmful to public health or the environment or any other goods that may cause a nuisance to neighbors or people living in the same area. 10. The Department of Economic Development in the Emirate of Sharjah is entitled to take all appropriate measures and arrangements, including visits (with prior notification to the license owner and people living in the house) , inspection (of food activities and cosmetics activities) to verify proper use of the license and fulfillment of all license commitment and regulations. Benefits and services of the E`temad program • Special annual exhibitions for E`temad license holders. • Educational sessions and training services. • Incubation and development projects and follow-up. • Promotion and marketing for small and medium enterprises. • Support member`s projects for a franchise opportunity. • Providing legal advice. • Nomination of successful and entrepreneurial projects for financial support (RUWAD Foundation). Investor Guide | License & Trade Names Procedures 15 Required Documents • License application form. • Photo ID. • Copy of the house. • Copy of the property title deed. • Copy of the lease (if the house was rented). • Letter of no objection (if the house was rented or the license is being granted to a member of the house – first degree relatives) from the owner of the house. Permissible activities Sewing and embroidery Fashion Design (clothing, Shella and Abaya), embroidery, sewing and textile activities Events services Events and weddings filming , processing and packaging gifts, manual cards and gifts designing (non-advertising), designing and execution of wedding stages (Kosha), arranging catering services. Educational Services Fashion design, painting and sculpture and homemaking classes. Business Production of non-precious jewelry, antiques and gifts, jewelry and non-precious accessories wholesale trade, bridal gown rental, jewelry designing, textbooks packaging and binding. Perfumes and Cosmetics Mixing, packaging and selling perfumes, mixing, packaging and selling Dukhoon, salon (cosmetics, hair styling, henna), reselling approved perfumes and cosmetics “subject to terms and conditions”. Food Activities Direct consumption food (hot and cold cooking), hospitality services (which includes food), long-term consumption food (packed foods) “subject to terms and conditions”. For Registrations, Renewals or Contacts relating to E’temad Liceses Project Management Contact No.: •065122241 •065122160 •065122231 •065122147 Fax: •065122560 Electronic Services Designing advertisements on the computer, computer designing for commercial sites and web pages, computer designing of wedding stages (Kosha), electronic designing of wedding cards and gift boxes (advertising and non-advertising), systems and computer programs designing and software equipment and electronic devices. Knowledge Services Providing research and studies, legal translation, book publishing and distribution and press services office. 16 Investor Guide | License & Trade Names Procedures Investor Guide | License & Trade Names Procedures 17 Chapter 3 Legal Affairs Procedures 18 Investor Guide | Legal Affairs Procedures Legal Affairs Procedures Waiver procedures Waiver by Services Agent Fees Typing fees of the final assignment letter: 150 AED. Transfer of Services Agent License to another Services Agent For commercial companies Procedures 1.Obtaining the initial approval from the Trade Names section. 2.Both the assignor and the assignee or their legal representatives shall attend in person with their ID to sign the waiver before the person in charge in the Legal Affairs section. 3. Obtaining the Services Agent final assignment letter from the Legal Affairs section. 4.Typing fees for services agent waiver: 150 AED Sole proprietorships or services agent Procedures 1. Obtaining the initial approval from the Trade Names section. 2.Assignment and Sales Contract attested by the Notary Public. 3.Filling in “Foreign Investor Residency Cancellation Form”application from General Directorate of Residency and Foreigners Affairs. 4. Typing fees of the final assignment letter: 150 AED. Relevant Sections Trade Names, Legal Affairs and the Notary Public. Required Documents • License Document. • Initial approval from Trade Names section. • Legal Affairs document. 20 of a business partner, amending the license type or the legal business structure. Investor Guide | Legal Affairs Procedures Procedures 1.Obtaining the initial approval from the Trade Names Section. 2. Obtaining the final assignment letter from the Legal Affairs Section. 3.Obtaining the assignment and Sales Contract from the Notary Public with an addendum to the memorandum of association. 4. Filling in “Foreign Investor Residency Cancellation Form” application from General Directorate of Residency and Foreigners Affairs. 5. Typing Fees of the final assignment letter: 150 AED Relevant Sections Trade Names Section, Legal Affairs Section and the Notary Public. Required Documents • Legal Affairs Document. • Initial Approval from the Trade Names Section. • Assignment and Sale contract attested by the Notary Public. Procedures 1. Obtaining the initial approval from the Trade Names section. 2. Attendance of all parties of the license or their legal representatives to sign the Legal Affairs document. 3.Paying the fees of the Trade Name amendment announcement in the newspaper. 4. Follow up at the Legal Affairs Section after 7 days starting from the announcement date in the newspapers to receive the amended documents. Relevant Sections Trade Names Section and Legal Affairs Section. Required Documents • Legal Affairs Document • Initial Approval of the Trade Names Amendment Application. • Announcement Fees Announcement Fees: 350 AED Companies with limited liability Companies - Sole Proprietorship- Service Agents Procedures 1. Obtaining the initial approval from the Trade Names section. 2.Addendum to the memorandum of association for the trade name amendment attested by the Notary Public. 3Paying the announcement fees after applying the amendment. 4. Follow up at the Legal Affairs Section after 7 days starting from the announcement date in the newspapers to receive the amended documents. This refers to any amendment to be applied to the Trade Name or business activity, adding a business partner or service agent, withdrawal Required Documents • Legal Affairs form as well as the license form. Fees Typing Fees of the final assignment letter: 150 AED Trade name amendment • Original license + Commercial Registration. • Initial Approval to amend the Trade Name. • Attested addendum of the memorandum of association from the Notary Public. Relevant Sections Trade Names Section, Notary Public Office and Legal Affairs Section. Announcement Fees: 350 AED Cancellation of licenses Companies, Sole Proprietorship or Service agents This refers to cancelling the licenses of sole proprietorship, service agents or vocational business companies. Procedures 1. Attendance of the license owners or their legal representatives to sign the legal affairs form. 2. Filling in the Establishment Card Cancellation application from the Ministry of Labor. 3. Announcement fees are 350 AED added to the registration cancellation fees and fines for delay, if applicable. 4. If the establishment has branches, cancellation shall be put into effect without any announcements. After the expiry of the allowed announcement duration which is 7 days, the “Foreign Investor Residency Cancellation Form” shall be approved and submitted to the General Directorate of Residency and Foreigners Affairs. Relevant Sections Legal Affairs Section and the Ministry of Labor. Required Documents • Legal Affairs form. • Establishment Card Cancellation Application requested from the Ministry of Labor. • License and the original Registration. Investor Guide | Legal Affairs Procedures 21 • Fees: Announcement fees are 350 AED added to registration cancellation fees and fines for delay if applicable. Liquidation Companies with Limited Liability – Joint Venture Companies Application submitted commercial company. to liquidate a Procedures 1. Filling in the Legal Affairs form. 2.Originals of License and Commercial Registration. 3. Acceptance letter from an auditor tasked with liquidation procedures. 4. Minutes of meeting attested by the Notary Public evidencing the partners’ approval for liquidation. Name of the auditor must be mentioned in the minutes of meeting. 5. Establishment Card Cancellation requested from the Ministry of Labor. 6.Paying the liquidation announcement fees in two official newspapers for 45 days. Liquidation by Court 1. The applicant shall fill in the legal affairs form. 2. Final judgment from the concerned court to dissolve the company. 3. Original forms of the License and Commercial Registration. 4.Establishment Card Cancellation Form requested from the Ministry of Labor. Relevant Sections Legal Affairs, Notary Public and Ministry of Labor Required Documents • Legal Affairs Form. • Filling in “Establishment Card Cancellation 22 Investor Guide | Legal Affairs Procedures Form” requested from the Ministry of Labor. • Minutes of Meeting attested by the Notary Public. • Acceptance letter from an auditor to manage liquidation procedures. • Originals of the license and the Commercial Registration. Fees Paying the Liquidation announcement fees in two newspapers for 45 days* *Upon the expiry of the legally allowed period, the following documents shall be submitted: The Final report from the auditor evidencing the finalization of liquidation. “Foreign Investor Residency Cancellation Form” shall be approved and submitted to the General Directorate of Residency and Foreigners Affairs. If liquidation is to be applied to branches, minutes of meeting should be provided showing the partners’ approval to liquidize the branch; then fees of license cancellation and fines shall be paid if applicable. Relevant Sections Legal Affairs and Ministry of Labor. Required Documents • Legal Affairs form. • Letter from the Ministry of Labor to cancel the Establishment Card • Copy of the license. Fees Services Agent Withdrawal Fees: 650 AED Death of the service agent Procedures 1. Submission of the original death certificate 2.Filling in the legal affairs form signed by the relevant parties or their legal representatives. 3. Obtaining the initial approval for changing the services agent from the Trade Names Section. 4.Service agent changing fees are 150 AED added to service agent contract attestation fees of 550 AED. Relevant Sections Legal Affairs and Trade Names. Withdrawal of the services agent Application submitted by the service agent to withdraw from the license if expired with no sponsored workers. Procedures 1.Filling in the Legal Affairs form signed by the service agent or their legal representative. 2.“Establishment Card Cancellation Form” requested from the Ministry of Labor. 3.Paying the newspapers announcement fees for 7 days. 4.Upon the expiry of the allowed period, the service agent final withdrawal form shall be issued. 5. Service Agent withdrawal fees: 650 AED Required Documents • Death Certificate • Legal Affairs form Fees Changing Service agent fees: 150 AED Service agent contract attestation fees: 550 AED submission of the original inspection report and committee decision of excluding the services agent. 2. Filling in the legal affairs form signed by license parties or their legal representatives. 3. Obtaining the initial approval proving the change of the services agent from the Trade Names Unit. 4. Paying the applicable announcement fees and reporting to the Legal Affairs Unit. 5. Fees of Services agent contract attestation: 550 AED due after 7 days from the announcement date. 6. Fees of Services agent exclusion: 650 AED Relevant Sections Commercial Protection Section, Legal Affairs Section, Trade Names Section. Required Documents • Legal Affairs form. • Copy of the lawsuit case from the disputes committee. • Initial approval of changing the services agent from the Trade Names section. Fees Services agent contract attestation: 550 AED due after 7 days from the announcement date. Exclusion of the Services agent fees: 650 AED Exclusion of services agent Procedures 1. Commercial protection unit of the Department of Economic Development reviewal of the case and followed by Investor Guide | Legal Affairs Procedures 23 Transferring the legal business structure from Sole proprietorship, services agent or professional company into Joint venture company or company with limited liability Required Documents • Licensing Application. • Obtaining the Initial approval from the Trade Names section. • Legal Affairs Form. • Copy of the commercial registration – trade license. This relates to changes affecting the legal form of a license. Fees Changing legal business announcement fees: 400 AED. Procedures 1.Obtaining the initial approval from the Trade Names section. 2. Filling in the legal affairs form signed by the license parties or their legal representatives. 3. Submission of the original memorandum of association attested by the Notary Public. 4. Paying the fees of announcement in two official newspapers for the period of 15 days applicable only to transferring the Sole Proprietorship or the Services Agent into a company with limited liability. Transfer from Business Company into Joint Venture Company or company with limited liability, fees of the announcement shall be paid for 90 days. 5.The person concerned shall receive the final approval after the expiry of the allowed announcement period. 6.Announcement fees of amending the legal business structure: 400 AED 7.Registration of the memorandum of association in the Ministry of Economy. Required Documents • Legal Affairs form. • Initial Approval from the Trade Names Unit. • Memorandum of association attested by the Notary Public. Relevant Section Trade Names, Legal Affairs, Notary Public and the Ministry of Economy. 24 Investor Guide | Legal Affairs Procedures structure Changing the legal business structure from company with limited liability, joint venture company into sole proprietorship, services agent or business company This relates to changes affecting the legal form of a license. Procedures 1. Obtaining the initial approval from the Trade Names Section. 2. Filling in the Legal Affairs form signed by the license parties or their legal representatives. 3. Assignment and Sale Contract attested by the Notary Public. 4. Typing the contracts of the Services Agent or the partnership contracts as per the legal business structure. 5. After the expiry of the announcement period, final assignment /transfer/ amendment letters shall be received from the legal affairs section – Notary Public - as per the procedures applicable. 6. Fees of assignment letter or the changing the legal business structure: 150 AED. Services Agent Contract attestation fees: 550 AED Business partnership contract attestation fees: 250 AED Relevant Sections Trade Names, Legal Affairs, Notary Public and the Ministry of Economy Required Documents • Legal Affairs Form. • Initial Approval from the Trade Names • Assignment and Sale Contract attested by the Notary Public. Fees • Fees of final assignment letters or changing the legal business structure: 150 AED • Services agent contract attestation fees: 550 AED • Business partnership contract attestation fees: 250 AED Entering a representative of heirs This pertains to the amendment of the license holder’s information or the information of one of the partners due to death by adding a representative of the heirs. Steps of Entry 1.Present the Death Certificate, Limitation of Inheritance and Guardianship Deed for minors (if any) and powers of attorney from all the heirs to their legal representatives. 2.Obtain initial approval from the Trade Names section. 3. Draft an Addendum to the Memorandum of Association by amending the “Names of Partners” paragraph if the legal form of the company is “Corporate”. 4.Draft a Service Agent Agreement and cause it to be signed by all parties in the license or their legal representatives if the legal form is “Service Agent” or “Professional Company”. Relevant Sections Trade Names, Court of Personal Affairs, Notary Public Required Documents • License Form. • Death Certificate. • Limitation of Inheritance and powers of attorney authenticated by the Court. Note: If the required documents are issued in another country, they must be translated and attested by the UAE Embassy or Consulate in the Country of issuance and then attested by the UAE Ministry of Foreign Affairs. Recording a commercial mortgage A commercial mortgage is that which is recorded over a movable asset as a guarantee of a commercial debt. Registration Steps 1. Present the Mortgage Contract authenticated by the Notary Public. 2.Register the Mortgage Contract; i.e. the concerned employee records a note on the electronic system once the fees of AED 1500 are paid. 3. After that, a note is stamped on theLicense that it has been mortgaged in favor of a certain entity. Relevant Sections Notary Public. Required Documents 1. Form from the Legal Affairs Department; 2.Addendum to the Mortgage Contract authenticated by the Notary Public. Fees Registration of Commercial Mortgages: AED 1500. Investor Guide | Legal Affairs Procedures 25 Increase/ decrease of share capital for limited liability and joint stock companies Fees This pertains to an agreement made by the parties to define the value of the company’s shares. Change of a company manager for an LLC/PJSC/private joint stock/general partnerships/ limited partnerships Share Capital Increase Steps for the Increase 1.The relevant parties shall submit the License Application Form issued by SEDD showing the value of the Share Capital increase. 2. An addendum to the partnership agreement is submitted showing the adjustment of the company’s share capital, ratified by the Court. Thereafter, the Addendum can be registered at the Ministry of Economy. Share Capital Decrease Steps of the Decrease 1.The relevant parties submit the license form issued by the SEDD requesting the decrease of their company’s share capital; 2. The relevant parties must have the Court’s ratification on the Addendum to the Company’s Memorandum of Association including the Share Capital decrease. 3.An announcement of the decrease is announced at the Legal Affairs Department for 15 days. Relevant Sections Notary Public, Ministry of Economy. Required Documents • License Form. • Legal Affairs Form. • Addendum to the Memorandum of Association. 26 Investor Guide | Legal Affairs Procedures Announcement of a Share Capital Decrease: AED 400. An application submitted by license holders to change the company’s management. Steps for the Change 1.The relevant parties must submit the License Form issued by SEDD showing the change of the company’s manager; 2. For LLCs, General and Limited Partnerships, the Addendum to the Memorandum of Association showing the change of manager must be attested by the Court. 3.The Addendum to the Memorandum of Association must be recorded at the Ministry of Economy. 4.For Public and Private Joint Stock Companies, a letter from the company, an authenticated power of attorney issued by management or a minutes of meeting showing the change of manager. 5. A visit to the Ministry of Economy must be made prior to the amendment. 6. The above documents must be authenticated at the Legal Affairs Department, then the documents should be presented to the Licensing and Registration Department after verification. Relevant Sections Ministry of Economy ,Notary Public. Required Documents • License Form. • Legal Affairs Form. • Addendum to the Memorandum of Association. Fees of the Legal Affairs Department Commercial Registry and Licensing Fee (AED) Summary Undertaking 200 Announcement of assignment/amendment/cancellation 350 Change of legal form 400 Share Capital Decrease 400 NOC Authentication 100 Certified Copy 100 Excerpt from the System 10 Letter Printing 150 Power of Attorney Attestation 100 Service Agent Withdrawal 650 Service Agent Exit 650 Service Agent Cancellation 150 Waiver of Service Agent 150 Appeal 100 Authorization 100 Registering the mortgage of a commercial shop 1500 Registering Cancellation (Individual Establishment – LLC) 500 Entry Deletion (Branch) 750 Entry Deletion Fees (Other Fees) N/A Investor Guide | Legal Affairs Procedures 27 Chapter 4 Procedures for Obtaining Permits 28 Investor Guide | Procedures for Obtaining Permits Procedures for Obtaining Permits Sales permit Issuance of sales permit for a license in the Emirate of Sharjah. Procedures 1.The required documents are presented to the Sales and Promotions Section employee. 2.After the procedure is finalized and the receipt voucher is paid, the permit is printed. 3. The permit should be displayed clearly and in an obvious place in the establishment. Conditions • Duration of 3 months should separate one sales event and the next. • Sales are permitted for a period not less than 15 days and not to exceed 30 days. • Sales application form shall be submitted 7 days prior to the date set for the commencement of sales. • Price list and invoices shall be submitted to the concerned department for revision. • Discount allowed should not be less than 25% and not to exceed 75%. • No sales allowed on food products. • Sales related items shall be removed within 24 hours from the permit expiry date. Required Documents • Sale Permit form. • A printed detailed price statement report which includes the following: - Item name and number. - Original item cost. - Price before sale. 30 Investor Guide | Procedures for Obtaining Permits - Sale price. - Sale rate. • The original purchase invoices of the sale items. • Samples of advertising material prior to printing, including an Arabic copy. Clearance permit Issuance of a clearance permit for a Sharjah trade license Procedures 1. The required documents are presented to the Sales and Promotions Section employee. 2. After the procedure is finalized and the receipt voucher is paid, the permit is printed. 3. The permit should be displayed clearly and in an obvious place in the establishment. Terms and Conditions • Clearance is allowed in the following cases: - License cancellation. - Change of activity. - Cessation of selling one type of item or more. - Clearance permit is not allowed in case of branch cancellation or relocation. • Clearance is valid for 30 days and extension is permitted for 30 more days. • Clearance form shall be submitted 7 days prior to the date set for the commencement of clearance. • Price detailed statement report and invoices shall be submitted for revision by the concerned department. • In case the clearance permit applicant needs the permit before the final cancellation letter from legal affairs department, he shall submit a letter of undertaking pledging cancellation of the activity before the expiry of the clearance period. Additionally, a cash guarantee of 5000 AED shall be submitted along with the application after which applicant will receive a letter of “initial cancellation” from the Legal Affairs section. The amount shall be retrieved upon submission of the final cancellation letter. The final cancellation letter shall be submitted within a period no later than 60 days from the expiry date of the clearance permit, otherwise, the deposited amount shall not be retrieved. •Any clearance related item shall be removed within 24 hours from the permit expiry date. Required Documents • Filled clearance permit form. • A clearance request letter in Arabic. • On canceling a license, a letter of the final cancellation issued by the Department (original and copy) must be submitted. In cases of change in activity or cessation to sell certain items the amended and old licenses copies must be submitted. • A printed detailed price statement report which includes the following: - Item name and number. - Original item cost. - Price before clearance. - Clearance price. - Clearance rate. • Original purchase invoices of the clearance items. • Samples of advertising materials prior to printing including an Arabic copy. Promotional campaign permit Issuance of a promotional campaign permit for a license in Sharjah, or in another emirate or for a government entity. This permit includes: special offers, prize campaigns, tasting and free distribution campaigns, display stands, product demonstration, among others. Procedures 1. The required documents shall be presented to the Sales and Promotions Section employee. 2.After the procedure is finalized and the receipt voucher is paid, the permit is printed. 3. The permit should be displayed clearly and in an obvious place in the establishment. Conditions • Promotional campaign permit shall be submitted 7 days prior to the date of the commencement of the campaign. • Promotional campaign permits are applicable to the licenses issued by any of the Emirates. • In the case of special promotions that include discounts, permit shall be issued that is valid for a maximum of 15 days, to be followed by an interval of no less than 15 days separating it from a second similar permit. • In case of promotional discounts, only one price may be displayed on discounted goods. • Discount rate allowed for special promotions shall not fall below 25% nor exceed 75%. • Promotions are prohibited that involve passing by residences door-to-door for product introductions and explanations of its use. • In case of a promotional campaign that involves prize distribution and when drawing for the prize will take place in the Emirate of Sharjah, ‘Prize Reception Vouchers’ should be collected from the Section to be filled in with the names of winners and attached with copies of their ID’s, type of prize for each, in addition to the original prize coupons in order to Investor Guide | Procedures for Obtaining Permits 31 prove that winners have collected their prize and to retrieve the bank guarantee after the end of the c ampaign. • On conducting draws, the attendance of a department representative is required. Otherwise, the draw will be considered null and void, and the organizing party will be held a ccountable. • In case of changing the draws date that will be held in Sharjah, the department shall be notified for coordination related matters. • Prizes shall be submitted to winners within 60 days from the date of the campaign conclusion. • Prizes not submitted to winners shall be received by the department after the campaign concludes and 60 days have passed thereafter. • There’s no limit for the number of promotional campaigns that may be held per annum. More than one campaign can be performed simultaneously. • Campaign related items shall be removed within 24 hours from the permit expiry date. Required Documents • Promotional campaign Permit form. • A letter (in Arabic) which includes: method and details of campaign, start and end dates, sites to be covered by the campaign, prizes breakdown (if any) and value, and a breakdown of the number of draws (if any) with the dates and locations. • Copy of the establishment commercial license if issued from another Emirate and does not have a license issued in Sharjah. • In case of promoting food products, the approval of Food Control SectionDepartment of P ublic Health at Sharjah Municipality must be obtained. • In case of promoting medical and therapeutic products, the approval of the Ministry of Health in Sharjah must be obtained. • In case of promoting for selling real estate units, the approval of Real Estate Department and the p lanning Dept. must be obtained. 32 Investor Guide | Procedures for Obtaining Permits • In case of promoting for an art activity, the approval from the Ministry of Information must be obtained. • In case of special promotions that involve discounts, a detailed priced list MUST be submitted and shall include the following: Item name and number – cost- price before discount – price after discount – discount rate – original vouchers of the discounted goods. • In such cases as car display, stand, advertising or promotional materials outside an institution, a letter of ‘No Objection’ from the party responsible for the premises where promotion will take place is required. • If the draw will take place in another Emirate, the permit issued from that Emirate must be attached. If the draw is going to take place outside UAE a letter from the mother company to that effect should be attached. • Coupon samples (draws- scratch and win- other discounts), if any, prior to printing, including Arabic copy and relevant details such as dates for beginning and end of campaign and draws as well as validity period for discount voucher, must be submitted. • Samples of advertising materials, if any, prior to printing, including Arabic copy as well as the sizes must be submitted. Promotional advertising Issuance of a promotional advertising permit for a license in Sharjah, or in another Emirate or for a government entity. This permit includes: flyers (single page), brochures (more than a page), cloth sign, posters on storefronts and businesses, multimedia CDs, balloon, display stand, and others. Procedures 1.The required documents are shall be presented to the Sales and Promotions Section employee. 2. After the procedure is finalized and the receipt voucher is paid, the permit is printed. 3. The permit should be displayed clearly and in an obvious place in the establishment. Conditions • Promotional advertising form shall be submitted at least 7 days before the date set to start using it. • Advertising posters are not allowed on residential buildings or public facilities. • Distribution of brochures among residences and in the streets is prohibited. • Sale items shall be removed within 24 hours from the permit expiry date Required Documents • Promotional Advertising Permit form. • Samples of advertising material (if any) prior to printing, including an Arabic copy, as well as the sizes. • Copy of the business license of the promoting entity if issued from a different Emirate and no license exists for it in the Emirate of Sharjah, certified by the Sharjah Economic Department. • A letter of ‘No Objection’ from the party (body, company, institute) within which the publications are to be displayed or distributed (building, trade center, etc). Fair (Exhibition) permit Issuance of a Fair/Exhibition permit for a license from Sharjah or any other Emirate. Procedures 1. The required documents shall be presented to the Sales and Promotions Section employee. 2.After the procedure is finalized and the receipt voucher is paid, the permit is printed. 3. The permit should be displayed clearly and in an obvious place in the establishment. Conditions • Fair (Exhibition) permit request shall be submitted within a period no less than 3 months prior to launching of the fair (Exhibition). • Fair (Exhibition) permit request shall be submitted to Fairs/Exhibitions Licensing Dept. • All Fair (Exhibition) related items shall be removed within 7 days from the end date of the permit. Required Documents • Fair permit form. • A letter in Arabic which includes: contents of the fair – number of participants – dates of commencement and termination – location – space. • A ‘No Objection’ letter from the concerned parties (Location owner, Civil Defense Department..etc). • If there is an accompanying promotional campaign a permit for this must be obtained. • Samples of the advertising materials prior to printing. Kiosk/ counter permit Issuance of a kiosk or counter for a license. Procedures 1. The required documents shall be presented to the Sales and Promotions Section employee. 2. After the procedure is finalized and the receipt voucher is paid, the permit is printed. 3. The permit should be displayed clearly and in an obvious place in the establishment. Investor Guide | Procedures for Obtaining Permits 33 Conditions • Kiosk/counter permit commences at the first day of activity. • Kiosk/counter application forms are only accepted in case the business license is still valid and was issued by any of the Emirates. • Validity of the kiosk/counter shall not exceed 11 months whether consecutive or interrupted. • All kiosk/counter related items shall be removed within 3 days of the permit end date. Concerned Entities Shopping centers – Sharjah Municipality – Sales and Promotions Section. Required Documents • Kiosk or counter permit form. • A letter of approval from the center or the site on which the kiosk or the counter will be positioned, including type of activity, the period allowed and the rental value. • A copy of a valid trade license of the establishment which owns the kiosk or the counter, issued from Sharjah or any other Emirate. • A picture of the kiosk or counter and a map that defines its location inside the center or the site. • For selling food products, the approval of Food Control Section – Department of Public Health at Sharjah Municipality is needed. • For selling medical and therapeutic products, the approval of the Ministry of Health in Sharjah must be obtained. General Remarks 1. Copy of the permit shall be kept in all establishment locations where promotion is taking place. 2. Promotional campaign or the advertising materials shall not conflict with the Islamic beliefs and traditions or the culture of the local society. 34 Investor Guide | Procedures for Obtaining Permits 3. Adherence to contents of the permits is obligatory, and in case of change or addition to such contents the concerned department shall be notified of necessary changes. 4. Promotional permits are allowed to be issued per annum. Ramadan festival – summer and spring promotions Promotions permits issued for shops and establishments are only allowed for those participating in Ramadan festival and the promotions taking place during the festival. Sales permit can be obtained during such periods but should be accompanied with the promotions and festival permits. The following permits are excluded from participating in Ramadan festival or promotions: • Clearance. • Taste campaign. • Promotions display. • Promotions representatives. • Promotions adverts. • Kiosk and offices. • Campaigns which do not involve draws or scratch & win. • Religious symbols or logos are not allowed on signboards. • The user of the trade mark shall be either its owner or an authorized agent as per an approval received from the Ministry of Economy. • Trade mark on the commercial signboard shall be identical to those mentioned in the registration certificate. • The use of the trade mark on the signboard shall not be misleading for the public. • In case of relocation or license cancellation, the owner of the establishment shall be responsible for removing the commercial signboard. Required Documents • Trading signboard application form. • Copy of the trading license. • Copy of a valid calligrapher trading license. Commercial advertising signboard Conditions • Commercial name on the sign board must shall match the commercial name in the license. • To abide by the advertising form for text to be 60% Arabic and 40% English. • Height of the signboard shall not exceed 4 feet however height extension is allowed if the neighboring shops have the same height. • A ‘No Objection’ letter shall be submitted if there is a necessity to add the logo of other establishment or companies. Investor Guide | Procedures for Obtaining Permits 35 Fees of the Commercial Signboard Trading Signboard Fees Remark Main Signboard 100 Height 4 feet Picture 500 If pictures express the same content, it shall be considered as one picture Logo Color background Sales and Promotions Section – Price list S.N Description Amount 1 Sales fees -Permit for one door to three. - For additional door - width shall not exceed 12 sq. foot 1500 AED 500 AED Fees for 30 days 500 2 Clearance 30 days 2000 AED Per month 250 3 Extension of Clearance(30 days) 2000 AED Per month Per month Height Height*Width*10 Height – 4 = total * width*10 4 Cloth sign (sales - clearance) 250 AED Additional signboard Height*Width*10 Level of the main board shall match that of the additional one 5 Clearance and Sale card (100 cards) 50 AED 6 Paper advertisements (One paper) 250 AED Per month 1500 ATM:1000 and Logo:500 7 Brochure ( up to 50 pages) 500 AED Per month Height*Width*20 ONLY for Medical centers, Pharmacies and Banks. 8 Brochure ( more than 50 pages) 1000 AED Per month 9 Sign cloth 250 AED Per month 10 Poster 250 AED Per month 11 Permanent poster (for each branch). -Promotions campaigns are not included 500 AED Up to 2 sq.m + 500 AED in case of logo ( per annum) From 3- 6 sq. m. + 500 AED in case of logo ( per annum) From 7 sq. m and more + 500 AED in case of logo ( per annum) ATM Side signboard 700 AED 1000 AED 12 13 36 Remark Investor Guide | Procedures for Obtaining Permits Loyalty cards ( gifts or discounts offered for purchasing) Card shall be used in the same shop Card can be used in more than one shop Advertising CDs 500 AED Per month for free card 1250 AED 250 AED Per month Investor Guide | Procedures for Obtaining Permits 37 S.N Amount Remark S.N 22 14 Taste Campaign 500 AED Per month Products from 1 to 5 + 100 AED for each product from 6 to 10 15 Product free sample/free items /gift attached with the product 500 AED Per month Products from 1 to 5 +100 AED for each product from 6 to 10. 16 Display stand 1000 AED Per month 17 Car display 1000 AED Per month 18 Product promotion representative 500 AED Per month 19 Simple promotion (instant gifts valued no more than 100 AED from when purchasing one product) 500 AED 20 Small campaign for a small shop ( special promotions or free gifts with total less than 5000 AED when purchasing products from the shop) 1250 AED per month Small campaign for a big shop ( special promotions or free gifts with combined value of less than 50,000 AED when purchasing products of the shop. 1750 AED for 15 days 21 38 Description Investor Guide | Procedures for Obtaining Permits Amount Remark Small campaign for a small shop (discounts or sale) 1250 AED for 15 days One shop with less than 5 doors in area Fees include posters or paper advertisements ( one paper) or sign cloth Fees mentioned are paid for each branch 23 Small campaign for a big shop ( discounts or promotions) 1750 AED for 15 days For one shop with doors equal to or more than 5 Fees include poster or the paper advertisement ( one paper) or cloth sign Mentioned fees is paid for each branch. 24 Big campaign (free gifts with combined value equal to or more than 50000 AED when purchasing from the same shop) 2250 AED Fees include poster or the paper advertisement ( one paper) or cloth sign. Fees mentioned is paid for each branch 25 Big campaign for a bank ( gifts or privileges with combined value equal to or less than 50000 AED) 1250 AED Per month for the main branch + 1000 AED for any other branch. 26 Big campaign for a bank ( gifts or privileges with total equal to or less than 50000 AED) 2250 AED Per month for the main branch + 1000 AED for any other branch 27 Small campaign for a bank – annual ( discounts or free gifts with combined value equal to or less than 50000 AED) 15000 AED Includes all locations/ branches without draws fees, if any. 28 Big campaign for a bank – annual ( discounts or free g ifts with combined value equal to or more than 50000 AED) 25000 AED Include all locations/ branches without draws fees if any. Per month Includes all locations/ branches One shop with area less than 5 doors Fees include posters or paper advertisements ( one paper) or sign cloth Fees mentioned is paid for each branch One shop with area equal to or more than 5 doors Fees include posters or paper advertisements ( one paper) or sign cloth Fees mentioned are paid for each branch Description Investor Guide | Procedures for Obtaining Permits 39 S.N Description Amount 29 Comprehensive small campaign, product is being sold in more than one location among Sharjah shops ( combined value of prizes are equal to or less than 50000 AED) 3250 AED Comprehensive big promotions campaign, product is being sold in more than one location in Sharjah shops ( value of prizes are more than 5000 AED) 5250 AED Small promotional campaign for a small shopping center (discounts or gifts with combined value equal to or less than 50000 AED 2250 AED Big promotional campaign for a small shopping center (gifts value are equal to or more than 50000 AED) 5000 AED Small promotional campaign for a big shopping center (gifts value are equal to or more than 50000 AED) 5000 AED 34 Big promotional campaign for a big shopping center (value of gifts are equal to or less than 50000 AED) 10000 AED Per month 35 Big promotional campaign directed for chain of restaurants, petrol stations or banks 1000 AED Per month for the main branch + 500 for each restaurant or petrol station (1000 AED for each bank branch) 30 31 32 33 36 40 Big promotional campaign directed to chain of restaurants, petrol stations or a bank Investor Guide | Procedures for Obtaining Permits 2000 AED Remark Per month Per month Per month Per month S.N 37 Description Banks annual campaigns 1- 8 promotions 2- Up to 5 promotions 3- Less than 5 promotions Amount 15000 AED 10000 AED 5000 AED Remark Per annum 38 Fees for promotional campaign for exempted entities 100 AED For the duration of the campaign 39 Simple promotions for restaurants 500 AED Per month 40 For each branch ( restaurant) 250 AED Per month 41 New meal/new drink for limited period ( advertisement) 250 AED Per month 42 Tents used for commercial purposes Area equal to or less than 500 sq. feet 500 – 1000 sq. feet More than 1000 sq. feet 5000 AED 10000 AED 15000 AED Per month Per month Per month for the main branch + 500 for each restaurant or petrol station (1000 AED for each bank 43 Kiosk / office /counter 500 AED Per month 2% of the rental value 1000 AED per month in case of Sharjah license or 1500 AED if the license is issued out of Sharjah 250 AED for commercial name fees 300 AED for fees of issuing a permit. 44 Draws 250 AED For the first 10 draws and 100 AED for the successive draws. 45 Postponement of draws 1000 AED 46 Amendment of campaign details 500 AED Investor Guide | Procedures for Obtaining Permits 41 Chapter 5 Commercial Services & Control Procedures 42 Investor Guide | Commercial Services & Control Procedures Commercial Services & Control Procedures Registration of services agent complaint This procedure aims at developing a mechanism to settle Services Agent disputes. It will be applied to licenses related to the services agent’s professional and business partnership contracts. Complaint registration Required Documents • Services Agent Complaint (stating all reasons related to the complaint.) • Copy of the service agent contract (not mandatory). • Copy of the license (not mandatory). • Any document substantiating the license owner’s settlement of payments due to the local agent. Procedures 1.Submitting the complaint personally or through legal representation and payment of a 100 Dirhams fee. 2. Calling the defendant to the department’s headquarters for the case. 3.If the facility appears to be closed, according to the inspector’s report, complaint should be cancelled. 4. In case a complaint is raised by the license owner/partners against the services agent, he should be legally summoned. 5. If a failure of notifying the agent occurs, notification will be done through a newspaper advertisement for at least one week which requests the agent to report to the the Head Office of the Department. 6. The desire to resolve the conflict will close the complaint file with the adoption of 44 Investor Guide | Commercial Services & Control Procedures the settlement by the employee, on the complaint form, and its adoption by the all parties concerned. 7. In the case of any objection, the complaint is submitted to the concerned committee for final decision. Procedures related to commercial fraud, trademark infringement and consumer affairs This procedure is intended to describe the controlling of cases of commercial fraud, goods counterfeiting, trademark and commercial agencies infringement as well as related Consumer Protection Act. The scope of this procedure includes following-up on cases of commercial fraud, and counterfeiting of trademarks, and infringement of commercial agencies in Sharjah, in accordance with the laws and rules regulating agencies and brands and the Consumer Protection Act and Regulations have, and any other related laws. Procedures related to commercial fraud, trademark infringement and Infringement of commercial agencies Commercial Fraud complaints Procedures 1. Registering the complaint with the commercial protection section accompanied by fees’ settlement and setting a date for the visit. 2. In case goods were not seized, the incident shall be recorded as not proven. 3.In case the goods were actually seized, minutes will be taken for the incident along with three samples of the confiscated goods with the owner signature, followed by transferring of the confiscated goods to the warehouse. 4. In the case of the retention of the goods with the owner, minutes of the sampling will be taken accompanied with an undertaking by the owner vowing not to dispose of the goods. 5.In case objections were filed by the defendant, the complaint shall be raised to the public prosecutor. If no objections were submitted, the complaint is presented to the Commission for a final decision. 6.In case it was the committee’s decision to destroy the goods, the goods shall be transported to the destruction site and minutes shall be taken or a letter from the company stating the destruction, along with a fine if found due. Required Documents • An official complaint letter in Arabic, with the names of the people the complaint is being filed against, in addition to the purchasing invoice if available . • Copy of a valid trademark or agency certificate, issued by the Ministry of Economy. • The original Authorization in case the complaint was not filed by owner (filed through a law firm or any other entity). • An original sample and a counterfeit for checking and complaint registration, after which they will be returned to the complainant, along with a report pointing out the similarities between the two. Complaints of infringement on the trademark & commercial agency Procedures 1.Registering a complaint with the trade protection section, along with fees payment. 2. Setting a date for an inspector visit with the presence of the Ministry of Economy representative for taking minutes of the incident, and retaining a copy. Required Documents • An official complaint letter in Arabic, with the names of the people the complaint is being filed against, in addition to the purchasing invoice if available. • Copy of a valid trademark or agency certificate, issued by the Ministry of Economy. • The original Authorization in case the complaint was not filed by the owner (filed through a law firm or any other entity). • An original sample and a counterfeit for checking and complaint registration, after which they will be returned to the complainant, along with a report pointing out the similarities between the two. Consumer complaints Procedures 1. Register a complaint at the Consumer Protection Department website, and send the documents by fax or email. An SMS will be received in order to confirm the registration. Failure to send the documents within 3 days will close the complaint. 2.Contact the defendant to solve the complaint. 3. In case the complaint was resolved over the phone, the complaint file shall be closed and a text message stating closure with the reason for the closure will be sent. Investor Guide | Commercial Services & Control Procedures 45 4. An Inspector will be sent to review and create a report in the complaints’ register. Experienced technicians from official and non-official entities will be called upon to help in providing the report. 5.In case of the complainant unjustly objecting to the complaint, he will be called by the section along with the other concerned parties for a meeting. a. If all parties agreed to a settlement, the case shall be closed and a text message will be sent to all parties of the settlement of the complaint along with recording of the same. b. In case no settlement was reached the case will be transferred to the Ministry of Economy or the public prosecutor. 6. In case the property was found to be closed, the complainant shall be directed to file a lawsuit at the court. Required Documents A copy of the purchase invoice Gas complaints Procedures 1.Register a complaint on the website or contact the concerned section. 2. Send an inspector to site and if the incident is established, a violation against the defendant is issued and a fine shall be imposed as mentioned in the violations table issued by the Executive Council. 3. Establishing the incident through recording the violation minutes related to the Gas. Fees • Fees for filing a Commercial Fraud complaint case AED 2000 • Fees for filing a complaint case for infringement of trademarks or commercial agency 1250 AED • Fees for each additional site AED 500 46 Investor Guide | Commercial Services & Control Procedures Investor Guide | Commercial Services & Control Procedures 47 Chapter 6 Customer Service 48 Investor Guide | Customer Services Customer Service In its permanent and leading efforts to provide new services and continuously improve the services provided to customers; the Department of Economic Development is committed to offer and maintain a high level of of quality service. In addition, the Department launched the customer services section to increasingly facilitate work and cooperate through direct contact with clients by receiving requests and queries by phone, fax, or email. Printing Statements of 1. Detailed licenses. 2. “To whom it may concern” letters. The customer service section operates on solid bases enabling it to improve its services and communication, through the understanding and consideration of the interests and needs of the customers while emphasizing the importance of providing a sophisticated and controlled level of services. 1. Copy of the passport and national ID for the UAE national (proof of identity). 2.Copy of passport and residency for the expatriate. (proof of identity). 3. The original license. The Customer Service section team is distinguished for their efficiency and ability to carry out transactions with great speed and accuracy. To finalize this transaction, client is requested to provide one of the following documents: Services Customer Orientation The customer service section is always keen on creating a culture built around meeting the customers’ priorities and developing staff skills as well as building its capacity to better meet the client’s needs in addition to facilitate the procedures and directing him to the concerned authority after ensuring that he fulfilled all required documents for completion of the transactions. Printed Licenses Statements To enable speeding up the completion of this type of transaction, the client is supposed to provide one of these documents: 1. Copy of valid passport or National ID or identity of the UAE national. 2. Copy of valid passport or identity card of the expatriate. 3. Delegate card issued by the department. 50 Investor Guide | Customer Services Investor Guide | Customer Services 51 Chapter 7 Electronic Services 52 Investor Guide | Electronic Services Electronic Services A number of electronic services are available online on Sharjah Economic Development Department website: www.sedd.ae Complaints and suggestions Users are able to submit complaints and suggestions through this service. General Services User Registration In order for a client to have access to these website’s services, registration is be required. License Inquiry A service through which any individual can search for public or contact information related to any company by entering either a license number or the company’s trade name. Trade name availability inquiry A client who wishes to issue a license within the Emirate, can easily inquire about a preferred trade name in order to ensure it’s availability and if it is in line with the department’s requirement to avoid rejection as well as avoiding trade name duplication. Business activities inquiry Through the business activities inquiry service, clients can easily search for available activities that they may be interested in within the Emirate, whether it is for issuing a new license or making amendments to their existing license. Legal announcements The panel displays all announcements issued by the legal section resulting from legal proceedings requiring specific action, such as trade name amendment or cancellation of a license … etc. Prices of gas cylinders This service provides gas cylinder prices adopted by the Emirate. 54 Investor Guide | Electronic Services Printing of a payment voucher This service enables the client to print payment vouchers at any time. Ask the legal expert A Service through which the public can submit legal inquiries, which will be answered by the relevant staff. Ask the economic expert A service through which the public can submit their economic-related questions and inquiries can be answered by the staff concerned. Services that require on-site registration Renewal of the trade name Using this service, the investor would be able to renew an expired trade name. Additionally, this service also enables electronic payment for this renewal and/or printing payment voucher. Follow-up on electronic transactions Through this service, the user has the ability to re-print requests, as well as making amendments to the information as long as it was not ratified by the relevant section in the department. Receipts Tracking This service enables viewing and printing of all the receipts that were generated as a result of the client’s transactions and electronic payment thereof. SMS Services Sending users text message for all procedures carried out on the site. My Inspection Appointments A service by which the investor can book an appointment for technical evaluation without having to visit the department. e-Payment By using the E-Payment service, an investor is able to pay for transactions via credit card or any other certified card in order to finalize the transaction and have a receipt issued. Modify the user data on the site The user would be able to amend or update his contact information through this service. New investor initial registration A service through which a new investor in the Emirate of Sharjah applies for a firsttime license, by filling up relevant details using this online application. The investor is given a reference number that may be used complete the remaining procedures at the department. View Investor Licenses details The investor can view all information related to a particular license, such as public statements, the names of investors, warehouses, commitments and violations. Investor services Effective payment vouchers on a license The service enables the investor to view effective payment vouchers, which need to be paid to finalize license procedures. Investor Guide | Electronic Services 55 Official Authorities Responsible for Issuing Permits (Approvals) 56 National Media Council Press, video shops, computer software, silk-screen propaganda and advertising, TV production, concert organizing, internet services, books and magazines, audio tapes: Tel: +971 2 404 4333 Fax: +971 2 404 4368 E-mail: admin@nmcuae.ae Traffic Commission Transportation, car rental-sewage siphoning- driving training, heavy equipment rental, road equipment rental, auto towing, international bus transport: Tel: +971 6 563 2222 Fax: +971 6 563 4514 Website: www.shjpolice.gov.ae Ministry of Education and Youth Private institutes and schools, sports training centers, sport service centers: Tel: +971 2 642 8000 Website: www.moe.gov.ae Police Directorate Gold trade- banks- seal and key industrykarate and weightlifting training- used furniture outlets, nuilding demolitions, surveillance cameras: Tel: +971 6 563 3333 Fax: +971 6 563 3332 Website: www.shjpolice.gov.ae Ministry of Health Private hospitals, clinics, pharmacies, drug factories and stores, lenses and eyeglasses centers, import and trade companies for pharmaceuticals, medical herbs, cosmetics, health, fitness, health and massage centers, veterinaries, sale of veterinary drugs, sports training centers: Tel: +971 4 230 1000 Website: www.moh.gov.ae Central Bank Banks- Stock Exchange companies: Tel: +971 2 665 2220 Fax: +971 2 666 7494 E-mail: uaecb@cbuae.gov.ae Ministry of Environment and Water Farms, trading in fodder, agricultural seedlings and flowers, organic fertilizers, pets, animals, imported fish trade, pesticides: Tel: +971 2 404 4333 Website: www.moew.gov.ae Civil Defense Firefighting tools, equipment and materials selling companies - factories: Tel: +971 6 565 2888 Fax: +971 6 565 4278 Website: www.shjcd.gov.ae Ministry of Economy Accountants- insurance and reinsurancecompanies and branches of foreign companies Tel: +971 6 528 1222 Fax: +971 6 528 5333 Website: www.economy.gov.ae Civil Aviation Travel and tourism, air freight, air carriers,flight training, aerial surveys, aircraft leasing, selling travel tickets: Tel: +971 6 558 1111 Fax: +971 6 558 1167 Website: www.sharjahairport.ae Investor Guide | Electronic Services Ministry of Justice Law offices- legal translation: Tel: +971 4 231 2000 Website: www.elaws.gov.ae Sharjah Ports Authority Customs clearance- Shipping ship maintenance - marine engineering- ship supply- Shipping agents, ships and vessels trading, organizing cruises: Website: www.sharjahports.gov.ae Department for Electronic Services Trading and maintenance of wireless devices: Tel: +971 2 441 4666 Fax: +971 2 402 2776 Website: www.moi.gov.ae Ministry for Social Affairs Licenses of foodstuffs and physical fitness: Tel: +971 4 601 1211 Fax: +971 4 261 0388 Website: www.msa.gov.ae Ministry of Higher Education & Scientific Research University services, private universities: Tel: +971 2 642 8000 Fax: Website: www.mohesr.gov.ae Directorate of Town Planning & Survey Approval to conduct activity in villas: Tel: +971 6 528 9999 Fax: +971 6 528 9000 Website: www.sdtps.gov.ae Ministry of Labour Employment services, provision of human resources, service labor and nannies: Tel: 800665 Website: www.mol.gov.ae Sharjah City for Humanitarian Services Trading of equipment for the disabled and special needs individuals: Tel: +971 6 566 0667 Fax: +971 6 566 4461 Website: www.schs.ae Department for Islamic Affairs and Endowments Haj & Umra, Quran memorization centers: Tel: +971 6 572 7722 Fax: +971 6 573 6573 Website: www.awqaf.ae Municipality – Health Section Licenses for food and fitness, beauty salons and laundries: Tel: +971 6 565 0097 Fax: +971 6 565 2707 Website: www.shjmun.gov.ae Establishment for Holy Quran & Sunna Teaching and memorization of the holy Quran: Tel: +971 6 528 8877 Fax: +971 6 528 8855 Website: www.learnquran.gov.ae Municipality – Solid Waste Section Pest control and building cleaning: Tel: +971 6 543 7788 Fax: +971 6 543 6273 Website: www.shjmun.gov.ae Investor Guide | Electronic Services 57 58 Emirates Post Express transfer of documents and papers: Tel: +971 6 578 2219 Fax: +971 6 507 9161 Website: www.emiratespost.com Municipality – Financial Section In case of leasing units in markets owned by the municipality: Tel: +971 6 516 2428 Fax: +971 6 562 3477 Website: www.shjmun.gov.ae Sharjah Electricity & Water Agency Gas pipelines extension, artesian wells drilling, central air-conditioning plants, power distribution stations and networks, water plants: Tel: +971 6 528 8888 Website: www.sewa.gov.ae Municipality – Environment Section Trading in chemicals, plants and workshops: Tel: +971 6 565 6000 Fax: +971 6 565 0612 Website: www.shjmun.gov.ae Sharjah Transport Internal and international transport by bus: Tel: +971 6 562 4444 Fax: +971 6 562 4555 Website: www.stc.gov.ae Sharjah Media Corporation TV Stations Tel: +971 6 566 1111 Fax: +971 6 566 9999 Website: www.sharjahtv.ae Securities & Commodities Authority Brokers buying and selling stocks and bonds: Tel: +971 4 331 2999 Fax: +971 4 332 8884 Website: www.sca.gov.ae Sharjah Commerce & Tourism Development Authority Hotels and serviced apartments: Tel: +971 6 556 6777 Fax: +971 6 556 3000 Website: www.sharjahtourism.ae Ministry of Finance & Industry Plants and factories, issuance of the “Industrial Production Certificate” Tel: +971 4 393 9000 Fax: +971 4 393 9738 Website: www.mof.gov.ae Insurance Authority Insurance and re-insurance: Tel: +971 4 280 8867 Fax: +971 4 557 7233 Website: www.ia.gov.ae Investor Guide | Electronic Services Investor Guide | Electronic Services 59