Starting a Business in Qatar: Which Business Structure is Right for You?
- Overview
- Sole Proprietorship
- General Partnership Company
- Simple Partnership Company
- Joint Venture
- Shareholding Company
- Limited Liability Company
- Limited Shares Partnership
- Holding Company
- Private Shareholding Company
- Branch Office
- Which Business Structure Should You Prefer in Qatar?
Overview
Qatar’s economy is expanding at a remarkable pace, with an influx of new businesses entering the market. Qatar offers several business structure options, including sole proprietorships, partnerships, limited liability companies (LLCs), and joint ventures. Each type has unique features and benefits. To succeed in Qatar’s competitive environment, you must select the right type of business structure. Your decision affects your business’s legal requirements, taxation, and liabilities. QIncorp helps you make an informed decision about selecting the structure that aligns with your business objectives and assists you with the incorporation process.
Learn more: Setting Up Your Business In Qatar: A Simplified Step-By-Step Process
This article will take you through the advantages and disadvantages of each legal entity in Qatar.
Sole Proprietorship
In a sole proprietorship, a single individual owns and manages the business. While it is simple to establish and handle, the owner assumes full responsibility for the company’s debts and obligations. The company is taxed as an individual, and the owner is responsible for paying all taxes on profits.
Advantages:
- It is simple to establish a sole proprietorship in Qatar. It only requires a little paperwork or legal procedures.
- As the business’s sole owner, you have complete control over all aspects of the company, including decision-making, operations, and finances.
- A sole proprietorship is taxed as an individual in Qatar, meaning the owner can claim deductions on their personal income tax return for any business-related expenses.
- Sole proprietorships typically have lower operating costs than other business structures since they don’t require extensive legal or administrative work.
Disadvantages:
- The owner has unlimited personal liability for any debts or legal issues incurred by the business.
- Sole proprietorships may find it challenging to access funding since they need the legal structure to attract investors or apply for business loans.
- A sole proprietorship is tied to the owner, which means that if the owner dies or becomes incapacitated, the business may not continue.
- As the business’s sole owner, it can be challenging to expand operations or take on additional staff without relinquishing control or registering as a different business structure.
General Partnership Company
A General Partnership Company is a business owned by two or more individuals who share responsibility for the company’s debts and obligations. Their names may appear in the company name, and they may also use a separate trade name if it indicates a general partnership.
Advantages
- The ability to have multiple experts co-found the company, each bringing their field of expertise to the table.
- Participation of multiple individuals in decision-making results in more rational decisions than a sole proprietorship.
- Each partner can contribute to the company’s capital within their financial means, unlike a company funded by a single individual.
- The company can have easy access to bank loans and supplier credits.
Disadvantages
- The significant risk arises from the unlimited liability of each partner.
- Lack of flexibility compared to sole proprietorship companies.
- Limited company capital, which is restricted to the partners’ financial resources.
- The death, withdrawal, or disqualification of a partner may result in the company’s closure, and complications may arise regarding the evaluation of their rights upon the company’s termination, involving the heirs of a deceased partner, the withdrawing partner, or the trustee.
Simple Partnership Company
The Simple Partnership Company is comprised of two types of partners:
- Active partners who are responsible for the company’s debts and obligations, similar to a general partnership.
- Limited partners who contribute assets but are not involved in managing the company. They are only liable for their contributions and cannot be named in the company’s name. They can oversee the company’s operations but cannot participate in management. However, they are free to work as regular employees or managers within the company.
The company’s name includes the name of the active partner(s) but not the limited partner(s). If a limited partner’s name is added to the company’s name, it will become liable for its debts to third parties.
Advantages
- The ability to increase capital by including a large number of limited partners who only risk their respective share in the capital.
- Increased confidence from banks and suppliers, who are more willing to grant loans and credit facilities to expand the company’s activities.
Disadvantages
- The simple partnership company faces the same issues as partners of the general partnership company, such as unlimited liability and lack of flexibility.
- The shares of limited partners are non-tradable and can only be sold to third parties with the approval of all partners.
Joint Venture
A Joint Venture is a business structure in which two or more companies collaborate to form a new company for a specific project or business opportunity, with each company contributing capital, technology, and expertise. The joint venture is considered a shelf company, meaning it is not a legal entity and does not exist for third parties. Its effects are limited to the partners involved in the venture. This type of structure is particularly common in Qatar’s oil and gas industry.
Advantages
It is a temporary entity established for a specific purpose or project that does not require a long-term commitment. This differs from other companies, which may have ongoing operations and require more time and resources.
Shareholding Company
A Shareholding Company is a business structure in which the capital is divided into tradable shares of equal value. Shareholders are not held responsible for the company’s debts beyond the value of their shares. The company formation requires a minimum of five founders or shareholders, who must purchase at least 20% and no more than 60% of the shares. The company’s name should reflect its purpose and include the words “A Qatari Shareholding Company.” It should not be similar to any person’s name unless it pertains to a patent or commercial establishment. The company must have a minimum capital of ten million Qatari Riyals to offer shares to the public.
Advantages
- The company’s responsibility is in the hands of the shareholders, who are involved in the decision-making process during general assemblies.
- It is one of the most prevalent forms of private enterprise in capitalist societies, which enhances its credibility.
- The company can benefit from easy access to loans and credit facilities.
- The company can attract high-paid experts, improving its performance and competitiveness.
- The work can be allocated based on expertise and the nature of the company’s activities, enhancing its efficiency and productivity.
- The company’s lifespan is not affected by the lives of its capital owners, which ensures its continuity.
Disadvantages
- The initial setup and operation of the company can entail significant expenses.
- There may be a disconnect between the company’s management and its shareholders due to the separation of ownership and management.
- Transforming the company’s activities can be time-consuming and involve various procedures.
Limited Liability Company (LLC)
An LLC is a popular choice for businesses in Qatar. It provides limited liability protection to its owners, meaning they are not personally responsible for any debts or legal issues incurred by the company. The profits and losses are shared among the owners in an LLC, and the business is taxed as a separate entity.
Advantages
- Formation procedures are straightforward.
- Partners are only liable for their share in the capital, providing protection.
- Only natural persons can be involved in the LLC; legal persons are excluded.
Disadvantages
- LLC companies are not allowed to offer their capital for public subscription.
- These are prohibited from engaging in banking business, savings, or insurance activities.
Limited Shares Partnership
A Limited Partnership with Shares is a business structure comprising one or more active partners and other shareholders who own equal and tradable shares of the company’s capital. While the active partners are not authorised to manage the company, they may provide oversight. Additionally, they are only accountable for the value of their shares rather than the company’s debts.
Advantages
- This business structure can significantly increase its capital compared to sole proprietorship companies.
- It can easily attract junior investors to purchase shares without restrictions or conditions.
- The procedures for forming the company are straightforward.
Disadvantages
- The expansion of this company’s business is restricted by the need for shareholders to trust the active partners to manage the enterprise.
- The straightforward formation process can attract individuals who may not have the moral integrity to manage the shareholders’ funds properly.
Other Business Structure Types in Qatar
Holding Company
A holding company is responsible for overseeing another company or multiple companies. This type of company can be a shareholding, limited liability, or sole proprietorship. If the holding company possesses more than 51% of the shares or stakes of another company, then that company becomes a subsidiary of the holding company.
Private Shareholding Company
At least five founders can establish a private shareholding company, which is not open to public trading. The shareholders are required to purchase all shares, and the capital should be a minimum of two million Qatari Riyals. While private shareholding companies have distinct regulations concerning public subscription, listing, and trading, they are primarily subject to the same provisions as other shareholding companies.
Branch Office
A branch office is a type of business structure foreign companies use to establish a presence in Qatar. It allows companies to expand operations in Qatar without creating a new company. The foreign company maintains control of the operations and management of the branch office while complying with Qatar’s laws and regulations.
Which Business Structure Should You Prefer in Qatar?
By thoroughly understanding these structures and their unique characteristics, you can select the one that aligns with your business needs and goals, giving you a competitive edge in the Qatari market.
With the right business structure, you can maximise profits, minimise risks, and achieve your business objectives in Qatar. Consulting a QIncorp advisor can help you make an informed decision and ensure that you comply with all legal requirements.