DIFC - Prescibed Company
What is a Prescribed Company?
A DIFC Prescribed Company is a private company limited by shares that falls under the regime of a Small Private Company, as per the Companies Law. For companies already established as a Special Purpose Company (SPC) and Intermediate Special Purpose Vehicle (ISPV) will automatically become Prescribed Companies whilst certain other entities can be formed as a Prescribed Company.
Who can setup a Prescribed Company?
An Authorised Firm;
Private Trust Company;
Proprietary Investment Company; or
Person wholly owned by one (1) or more of the foregoing Qualifying Applicants, and the DIFC
Authorised Firm is defined as ‘a person who holds a licence from the DFSA or a Recognised Financial Services Regulator to carry out one or more Financial Services, excluding a representative office.
*Any DIFC registered entity with the exception of retail entity and a prescribed company.
What are the qualifying purposes for a Prescribed Company?
Crowd Funding Structure
DIFC Holding Structure – Entity established for the sole purpose of owning DIFC entity(s)
What are the Prescribed Company Regulations?
Using this link, you will be re- directed to the Prescribed Company’s Regulations issued by the DIFC: https://www.difc.ae/files/7015/7639/9818/Prescribed_Company_Regulations_2019.pdf
What are the advantages of a DIFC Prescribed Company?
Focus on objectives with a structure that encompasses decision making and accountability.
Protects intellectual property
Allows IP to be used as security against fund raising or for commercialisation purposes.
Own assets to reduce the complexity of the ownership and sale process in large companies.
Financing and securitisation
Asset securitisation as a means to raise funds, finance purchase of assets by raising capital.
Isolate risk by holding assets or liabilities, particularly where the parent company may be exposed to volatile markets.
Free-of-tax structure on profits, gains and shareholder returns can improve tax efficiencies.
Ideal for family businesses, can be used to manage a specific business continuity plan and ring-fencing assets.