Highlights
Establishing a business in the United Kingdom
Establishing a business in a different jurisdiction can be a confusing and complex task, mainly if one is not familiar with the laws and regulations. This guide will enumerate the various rules that a foreign investor will face when establishing a business in the United Kingdom. The following sections will give a general overview of the United Kingdom’s Company Act of 2006 and discuss the requirements and peculiarities of the limited company. Moreover, the information will assist all Saudi businesspeople in navigating the United Kingdom’s complex business environment and help them get acquainted with the requirements of a foreign investor, tax, and the administration of a company, considering the changes that could occur after the finalization of Brexit.
The United Kingdom is an enormous territory comprised of various nations, most notably Northern Ireland, Scotland, Wales, and England. Each of these countries has a varying legal system, but they have some substantial commonalities among them. For instance, Northern Ireland, Wales, and England practice common law, whereas Scotland utilizes a mixture of common and uncodified civil law principles. Saudi investors should understand how to navigate common law jurisdictions, considering their nation uses Sharia law.
Business Environment in Australia
Parallels can be drawn between the United Kingdom and Australia’s business and legal environment. The similarities stem from Australia’s inheritance of the British common law model. For instance, a Saudi investor establishing a business in Australia will be guided by the Foreign Acquisitions and Takeovers Act of 1975. A foreign investor must apply for approval before setting a business in Australia, especially if the investment is considered a notifiable action. Investors conducting a significant action transaction are exempted from the above requirement (Baker McKenzie 6). Such distinctions are not considered in the United Kingdom as foreign investors can establish branches or limited overseas companies. However, in Saudi Arabia, the establishment of any foreign interest requires prior approval from the Saudi Arabian
General Investment Authority as prescribed in Article 195 Companies Law.
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