The journey of starting a business venture in the UAE is very exciting and full of growth opportunities and success. However, as the business world changes, their focus on law becomes one of many routes to take.
While choosing a liquation company from Dubai is crucial, it may create gateways for new developments. Khairallah Law Firm is here to help you to understand the law procedures.
The Commercial Companies Law actively guides businesses, ensuring they follow proper procedures, protect shareholder rights, and foster a supportive business environment.
Company Liquidation in Dubai: Key Steps and Insights
Liquidation is a legal process whereby the assets and liabilities of a company are wound up and the business ceases to exist. Business proceeds then, under Federal Decree-Law No. 32/2021 on Commercial Companies, are routinely sold, and debts are settled, as established in steps to transfer funds to creditors and shareholders.
The end result is the formal wind-up, dissolution, and de-registration of the company. Company liquidation is a process that helps in closing the business by keeping everything legal.
The Importance of Company Liquidation When Closing a Business
Liquidation Checklist for a Business Closing Even the smallest inclusive measures can assist in compliance with regulations, ensuring that you do not obtain a penalty for expired licenses and that you notify government agencies on time. Liabilities are settled with creditors and partners, protecting stakeholders’ interests and shares.
Become testaments of accountability, securing goodwill for future entrepreneurship. In summary, to close a company in Dubai there are these steps to help the procedure go smoothly and comply with legalities.
Different Types of Company Liquidation in Dubai
The company liquidation in Dubai usually occurs in two different ways.
Forced Liquidation: This type of liquidation occurs when the company is in financial distress and not able to pay what it owes. Creditors who fail to sort it out directly come to the court for assistance. Then, with a shareholder resolution, or in some cases going directly, the court steps in, orders the sale of the company’s assets to pay off debts and appoints a liquidator.
There are two forms of liquidation, In the voluntary liquidation process the shareholders start the process when the business has gone bankrupt or when it no longer aligns with their let goals. Here, the shareholders appoint a liquidator, who will manage the sale of assets and the payment of debts before the company is officially dissolved.
Both types of company liquidation in Dubai are designed to handle business closures, but the approach depends on the specific situation the company faces.
The Company Liquidation Process in Dubai: A Step-by-Step Guide
To comply with regulations, a company must carefully follow each step of the company liquidation process in Dubai. The key stages include:
- Drafting a Dissolution Resolution: Shareholders need to create and approve a dissolution resolution. For Limited Liability Companies (LLCs), this resolution must be certified by a Notary Public. If any shareholders are overseas, the resolution must be notarized at the relevant UAE embassy and further attested by the UAE Ministry of Foreign Affairs and the Ministry of Justice.
- Engaging a Liquidator: The company must hire a liquidator and secure their formal acceptance. Once the provisional liquidation certificate is obtained, a liquidation notice must be published in both English and Arabic in a public journal.
- Filing and Notice Period: First, submit the resolution and all necessary documents to the licensing body and begin the 45-day notice period. During this time, you must take several steps, including terminating work permits and visas and obtaining clearance letters from the Immigration Department, Department of Labor, utility companies, leasing companies, and the Road and Transport Authority (RTA).
The Federal Customs Authority (FCA), and the bank. Additionally, you must secure VAT de-registration and clearance letters from the Federal Tax Authority (FTA). - Final Report and Approval: Once the notice period ends, the liquidator will prepare a Liquidation Report. You will need to submit this report along with all required documentation and cancellation fees to the relevant Authority. After reviewing everything, the Authority will issue a “License Cancellation Certificate.”
By following these steps, you will ensure that the liquidation process aligns with liquidation company law and meets all legal requirements.
Conclusion
Finally, because the business liquidation process involves statutory procedures back to back, it is important to be mindful of the legal formalities and compliances involved in it. Consequences Include Losing Your Items In an Attempt to Recover a Debt: Whether You Are Facing Compulsory Liquidation Through Financial Trouble or Making This Decision Yourself, It Needs To Be Done Step-by-Step.
Professional guidance and assistance provided by professionals like Khairallah Law Firm can act as your liaison throughout each stage of this multifaceted process. If you follow the necessary procedures such as a resolution of dissolution, appointing a liquidator, and filing the appropriate notices with government authorities, you can wind up your business within the law.
Contact Khairallah Advocates & Legal Consultants and benefit from our free 30-min legal consultation.
*Disclaimer: our blogs, law updates, and FAQs are freely distributed for educational purposes and to showcase recent updates and regulations in the UAE’s framework.
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