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Registration of a branch in Egypt. Service offer

A branch of a foreign company can only be registered in Egypt to carry out a specific project in Egypt according to a contract made with any Egyptian entity, whether the Egyptian government, public sector, or a private company. Although a branch can engage in commercial, financial, industrial, and contractual activities, these will be limited to the activities stated in the contract and the activities of the parent company.

General Provisions

Members

A branch is not required to have a shareholder or director. The parent company only appoints a manager, an individual who can be a resident of any country. A branch can have as many managers as is required to carry out activities under the contract.

If the activities under the contract are related to the import of goods, it is necessary to appoint a special manager, an Egyptian resident who will supervise the execution of the contract on site[1].

Capital Requirements

A branch has no authorized capital.

Office

As a general rule, it can be a virtual office. However, in the case of import-related activities, the authorities may want to visit the office during the registration, and it will then be necessary to make a proper lease agreement.

Employees

There is no requirement to hire local personnel. A branch may have no employees at all, only managers.

Company incorporation

List of Documents

  1. Before registering a branch, it is necessary to submit the contract made[2]; it will define further registration steps;
  2. Corporate documents for the parent company will also be required;
  3. Resolution by the parent company to register a branch and appoint a manager;
  4. Power of attorney from the parent company authorizing the local lawyers to assist with registration of a branch;
  5. More documents may be requested after the contract has been reviewed [3].
Please note that the Arab Republic of Egypt is not party to the Hague Convention of 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. Therefore, neither originals nor copies of company documents can be apostilled in Egypt. This is also why legalization of documents may be required both for the incorporation of a company in Egypt (for example, when a company’s member is a foreign legal entity) and for the subsequent use of Egyptian company documents in other countries (for example, for account opening at a foreign bank). The documents of a company will need to be legalized at the consulate of a country in which they are expected to be used. We recommend that you check in advance the time frame and cost of document legalization since they will vary depending on the operation procedure in the consulates of various countries.

The documents must be translated into Arabic and duly certified by a translator.

Local Bank Account Opening

The company manager is the person who operates the local bank account. If necessary, it is possible to issue a power of attorney for operating the account (for example, to the company’s beneficial owner, so that he too has access to the bank account).

This will require providing documents that disclose the ownership structure of the parent company down to the ultimate beneficial owners.

Compliance Check

Compliance fee is payable upon registration of a branch, renewal of a company, liquidation of a company, transfer out of a company, issue of a power of attorney to a new attorney, and in the case of other changes in the company structure, as well as for the signing of documents.

Financial Statements and Audit

All companies, including branches, are required by national law to prepare annual financial statements; these statements are subject to mandatory audit. Financial statements can only be audited by a certified auditor from the list of the Egyptian Ministry of Finance.

The financial statements of your company will be prepared, filed and audited by local specialists with our assistance (in accordance with the practice existing in Egypt, accounting services are provided on a monthly basis). A branch must have an auditor who is a certified specialist in Egypt.

Tax Returns and Taxes

A corporate income tax return must be submitted to the tax office annually within 4 months of the end of the financial year[4]. VAT returns are submitted monthly­ within 1 month of the end of the tax period.

Speaking of taxes as such, the corporate income tax rate in Egypt is 22.5% of the company’s net taxable income. Resident companies are taxed on their worldwide income, while non-resident companies pay tax on profits derived from their permanent establishments in Egypt.

The standard rate of value added tax (VAT) is 14%; special rates of 5%, 8% and 10% may apply in some cases; there are also goods exempt from VAT.

To assess the future company’s tax burden, we recommend first seeking advice from our tax specialist and local experts (which can be arranged upon request).

Fees[5]

The cost will need to be calculated on a case-by-case basis because additional permits from government agencies may be required when registering a branch (depending on the contract).

  • Estimated cost – from USD 5 500.
  • Provision of registered office address – fromUSD 715 / year.
  • Compliance fee – from USD 350;
    • USD 150 for each additional individual;
    • USD 200 for each additional legal entity (member);
    • USD 450 (rate for high-risk companies, includes the check of 1 individual).

[1] The legislation in this regard has recently been amended to allow branch managers to be all foreigners. However, if the contract is a complex one, a dedicated import manager may still be required. This issue will need to be discussed separately.

[2] To register a branch, it is necessary to provide an existing contract with any Egyptian entity, whether the Egyptian government, public sector, or a private company.

[3] The list of documents required for registration of a branch is not exhaustive.

[4] In Egypt, the financial year is different from the calendar year and runs from 1 July to 30 June. However, the company may set its own financial year for reporting purposes and state it in its Articles of Incorporation.

[5] The fees are valid as of the date of sending of this offer.

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from USD 5 850
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