Choose the Wincore Corporate Sponsorship Service; Gold or Platinum Packages for a higher degree of structuring.
This structuring deploys its efficiency within a common law jurisdiction – under the supervision of its own Regulatory authorities and Courts- isolated from the UAE mainland laws and regulations while being in compliance with UAE Federal Law
The Foreign and UAE national shareholdings in the UAE mainland LLC being held through a DIFC entity will allow a higher level of flexibility and assurance by subjecting the risk mitigation agreements over the shares of the DIFC Prescribed Company (PSC) to a UAE common law jurisdiction with its own courts which allows:
- Higher investor protection through enforceable risk mitigation agreements (pledge of shares deed, share option agreement and power of attorney);
- Isolation of the holding structure from the commercial one;
- Uplifting to a more sophisticated jurisdiction in terms of corporate tools and functioning;
- Granting access to more sophisticated contractual and structuring environment;
- Smooth transfer of shares procedure (not to be before notary public);
- Sharia law and succession risks mitigation;
- Additional high added value tools are to be implemented in this risk mitigation structuring (available on demand);
- Exiting from the heavy legalisation and notarisation costs (unlike foreign IBC used or corporate actions are executed).
* The DIFC PSC (established by the DIFC Law No. 5 of 2019 in October 2019 to replace Intermediate Special Purpose Vehicles (ISPVs) and Special Purpose Companies (SPCs)), identically to the ADGM Special Purpose Vehicle, is to be established for holding purposes (non-operating purposes) under prescribed conditions. It could use the registered address of a DIFC registered agent. Qualifying applicant who will be allowed to incorporate could be the founder of a DIFC Foundation. The Economic Substance regulation must be complied with: substance could be demonstrated through having a resident director, registered office, accounting and secretarial services being outsourced to a local services provider.
