Company restructuring offers a strategic approach to adapt and optimize business operations and continuity, for increased efficiency and profitability.

Corporate restructuring involves reorganizing the structure, operations, to enhance the Company's efficiency and overall performance. Whether it’s changing ownership structures or re-drafting of policies and procedures, securing the Wills for the business owners etc, this process is crucial in adapting to market dynamics. Deep understanding of the regulatory environment and profound experience of our senior team helps our clients to perform any specialized and customized restructuring process in an optimum and beneficial manner.
One of the types of corporate restructuring is the formation of a Holding Company. Where there are multiple shareholders having multiple companies with diverse activities, Holding Company formation assists them in enhancing the business continuity of their subsidiaries, the legal identity of the holding Company apart from its shareholders, and ease of operation for the Management of those subsidiaries. Mainland and Free Zone jurisdictions are often use for creation of Holding Company.

2

distinguished Free Zones in the UAE that are considered for parking the Holding Company business are analyzed below..

ADGM DIFC

ADGM

Abu Dhabi Global Market (ADGM) is a prominent Free Zone located in Abu Dhabi, offering a comprehensive range of financial and business services. It operates under its own dedicated legislation, making it a unique and attractive destination for companies looking to establish a Holding Company.

Here are some key benefits of setting up a Holding Company in ADGM:

Modern Legal Framework: ADGM’s dedicated legislation, known as the ADGM Commercial Companies Law (CCL), provides a modern and flexible legal framework specifically designed for companies operating within ADGM. This legal system is well understood and respected globally, making it an ideal place for businesses to establish their holdings.

English Common Law: ADGM operates under English common law, which is widely recognized and understood worldwide. This provides a familiar legal environment for companies and ensures transparency and certainty in commercial transactions.

Independent Financial Services Regulator: ADGM has its own financial services regulator, the ADGM Financial Services Regulatory Authority (FSRA). The FSRA oversees ADGM’s regulatory regimes, which are robust and comparable to those in major global financial centers. This regulatory oversight ensures compliance with international best practices and standards.

100% Foreign Ownership: Similar to DIFC, ADGM allows for 100% foreign ownership of companies, providing investors with complete control and flexibility in managing their holdings without the need for a local partner.

Strategic Location: Abu Dhabi’s strategic location at the crossroads of major global markets positions companies in ADGM to tap into a vast network of regional and international opportunities.

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DIFC

DIFC provides a highly attractive business environment with several advantages for companies looking to set up a holding structure. Some of the key benefits of establishing a Holding Company in DIFC include:

Modern Legal Framework: Like ADGM, DIFC operates under its own legal system based on English common law. This framework provides businesses with a familiar and internationally recognized legal environment, ensuring transparency and ease of doing business.

100% Foreign Ownership: DIFC allows 100% foreign ownership of companies, enabling investors to retain full control over their ventures without the need for a local partner.

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Why corporate
restructuring?

Addressing the Declining Performance
When a Company experiences consistent declines in performance, such as decreasing profits, market share, or operational inefficiencies, it might signal the need for restructuring to revitalize the business.
Mergers or Acquisitions
During mergers or acquisitions, companies often undergo restructuring to integrate operations, eliminate redundancies, and streamline processes for a smoother transition.
Economic Challenges
Economic downturns or sudden market changes may necessitate restructuring to adapt, reposition, and navigate through challenging times effectively.
Innovation and Growth
Companies aiming for innovation or growth often consider restructuring to align with new business models, technologies, or market demands.
Legal or Regulatory Compliance
Changes in legal or regulatory requirements might prompt restructuring to ensure compliance and mitigate risks associated with non-compliance.
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