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UAE Widens Company Ownership To Foreigners

The move is an example of how IFCs compete for international capital, particularly at at time when the global financial landscape has been upended by COVID-19 and geopolitical developments.
The United Arab Emirates has stepped up competition between
international financial centres by scrapping a requirement that
it acts as sponsor, allowing expat investors to have total
ownership from 1 December this year.
The change extends to how individual emirates in the region have
allowed foreign national owned companies to acquire the remaining
stakes on a case-by-case basis.
“This is potentially a massively significant development that
should enhance the country's attractiveness in doing business and
positively impact the level of foreign direct investment in the
UAE going forward,” law firm Stephenson
Harwood said in a note. “However, until such time as the
decree is published in the Official Gazette, the full scope or
detail of the amendments remain unclear.”
At a time of geopolitical uncertainties in certain parts of the
world, and as the UAE tries to chart a future beyond hydrocarbon
energy, such a move is designed to boost inward investment and
sharpen the jurisdiction’s competitive edge.
The law firm said that it wanted to see how existing companies
with UAE shareholders would be affected.
The UAE decree ends a previous requirement for commercial
companies to have an Emirati national (or a company wholly owned
by Emirati nationals) to own at least a majority stake (i.e. 51
per cent) in an onshore company. In addition, there may no longer
be a requirement to have a UAE national or local company as its
registered agent, the law firm said.
The decree also supersedes the current Foreign Direct Investment
Law which permits foreign nationals to own up to 100 per cent of
“onshore” companies doing business in certain sectors that are on
the “positive list.”
As reported
a few weeks ago, meanwhile, the UAE has announced the formal
launch of new disclosure requirements for corporate entities in
the jurisdiction and a new beneficial ownership register. The
move is a sign of growing pressure on financial centres to become
more transparent. Beneficial ownership information had to be
filed with relevant authorities by 23 October.