Everything you want to know about how to establish individual companies

Egyptian company incorporation lawyer

Establishing sole proprietorships is the focus of our discussion in this article, as it is considered a popular option for many entrepreneurs who want to start their own business project through a quick and simplified method, as the sole proprietorship provides many advantages and opportunities for individuals who are looking to have complete control over their working lives. And achieving many personal successes, and through the following lines we will talk about establishing individual companies in detail, so let us follow together.

What are the advantages of establishing individual companies?

 Establishing individual companies

Establishing individual companies

There are many advantages to establishing individual companies, and below we will mention the most prominent of them: –

Complete control

The company owner has complete control over all aspects of the business, through clarifying the vision, setting business objectives, and making strategic and operational decisions that require speed. He also has the ability to implement his own vision.

Speed and flexibility

Individual companies can be established easily and quickly, and it is not necessary to complete many registration procedures, which are somewhat complicated, as the founder can start the business immediately and begin work by relying on personal resources.

Privacy and non-disclosure

The business owner can enjoy many advantages and privacy and not disclose anything regarding profit or loss rates and financial details of partners or shareholders. This allows him to protect his privacy and maintain the confidentiality of his work, and helps him in doing so. Lawyer establishing companies in Egypt He is characterized by honesty, in addition to maintaining complete confidentiality of many of the company's internal documents and disputes.

Low cost

The stage of establishing a sole proprietorship is one of the least expensive stages of establishment, compared to various other types of companies, one of which is limited liability companies. The reason for this is that there are expensive registration fees, when hiring a specialized company establishment lawyer, in addition to the fees. Complex administrative.

Creative freedom

The individual company owner has complete freedom to implement the creative vision and implement his ideas in a tangible way, without the need for some restrictions from other partners.

See also: Fees for establishing an individual company in Egypt

Steps to establishing successful individual companies

Establishing individual companies

Establishing individual companies

There is no doubt that the Egyptian government is working to encourage public investment, with the aim of improving the Egyptian economic situation. The investment law has been amended in order to encourage young people to create many of their own projects, start practicing commercial activity, and establish many individual companies in accordance with In accordance with the provisions of this law, below we will mention the most important steps for establishing successful individual companies: –

  • Submitting the national ID card or proof of the identity of the individual company founder.
  • Submit a copy of the incorporation powers of attorney, as the case may be.
  • Submitting a declaration from the sole proprietor of the company that he does not work in any public sector company.
  • Fill in data in the form of key contracts and laws used as guidelines.
  • Free extraction of individual company incorporation from the investment services complex.
  • Depositing the entire capital in a bank account, until the bank freezes this account and prevents financial transactions from being carried out until the founder obtains the company’s commercial register.
  • The bank sends a certificate to the Public Investment Corporation stating that the company’s capital, which has been deposited in the bank in a frozen account, must match the name of the founder in the bank certificate with the name written in the power of attorney issued in favor of the agent.
  • Follow up on the company’s file and go to the Investment Authority to withdraw the form until it is completed.
  • Fill out the application for publication in the Investment Gazette and submit it along with the itinerary follow-up form.
  • Obtaining the necessary permits in order to pay the company fees, which are paid at the bank within the investment branch.
  • After that comes the stage of going to the union to pay the special fees.
  • The payment receipt is then copied in three copies, and two copies are delivered in order to follow up on the company’s establishment, in addition to a copy of the payment receipts and the original.
  • Acquiring a commercial vessel to complete the procedures for establishing individual companies.

This is a set of steps for establishing individual companies. Specific legal requirements and procedures must be checked and consulted with a company incorporation lawyer or legal advisor, in order to ensure a legal framework.

Read also: The most important steps for establishing an import and export company

Everything you want to know about establishing sole proprietorships

Recently, with the implementation of the new investment law, the fees related to establishing individual companies have been simplified and reduced. Entrepreneurs can establish their individual companies at a lower cost and with faster procedures. The specified fees may vary according to the type of company, the size of the capital and the commercial activity. Below, we will mention the important matters regarding establishing individual companies, which are provided to us by the company Diwan:-

Obtaining the necessary licenses and permits to practice commercial activity

The process of practicing commercial activity can be defined as a license issued to merchants by the Chamber of Commerce and the Center of Excellence in order to prove that the company has followed all necessary procedures to obtain registration in the commercial registry and is authorized to practice its activity.

It is worth noting that the General Administration of Industrial Certification and Licensing at the General Organization for Industrial Development is primarily responsible for implementing all the special procedures needed by any person who wishes to practice a specific activity and wants to obtain the necessary licenses and permits in order to practice his commercial activity.

Estimating fees for establishing a sole proprietorship

The fees required to establish a sole proprietorship vary by country and local government, and registration fees and other administrative fees may apply to the establishment of sole proprietorships, so it is important to check all local requirements in the country of the founder and review all relevant authorities in order to know the exact fees, which include other administrative fees in establishing sole proprietorships, so it is important to check the local requirements in the country of the founder and review the relevant authorities in order to know the exact fees.

One of the most important fees paid to establish individual companies is the company registration fee, which relates to registering the company with the competent authority such as the Ministry of Trade and Industry or the relevant government agency.

Administrative fees and licensing fees. In some cases, additional administrative fees may be imposed in order to process the establishment application and issue all necessary licenses and documents in order to complete the registration process.

Accounting and consulting fees. The founder may need to consult an accountant or legal advisor specializing in corporate business, in order to assist in preparing the necessary papers and the incorporation process.

What is the appropriate amount of capital to establish individual companies?

The appropriate amount of capital in order to establish a sole proprietorship varies from one country to another and depends on a group of factors, the most prominent of which is the type of business activity, in addition to local legal requirements. Some countries do not require specific capital in order to establish a sole proprietorship, while Others may require minimal capital and must take into account potential costs such as renting buildings, costs of setting up a business and marketing products or services.

How can you convert your sole proprietorship into a joint stock company?

Establishing individual companies

Establishing individual companies

Converting a sole proprietorship into a joint stock company is a process that can bring multiple benefits, such as improving the ability to raise capital, distributing responsibilities, and reducing financial risks. However, it requires careful planning and familiarity with local laws and regulations. Here are the main steps that can help you with this conversion: 

Conversion Feasibility Assessment

 Objective Analysis: Identify the reasons why you are considering converting your sole proprietorship into a corporation.

 Then consult the experts: By consulting with a financial advisor and corporate lawyer to understand the legal and financial aspects of the transformation. 

Preparing a business plan

Start developing a transformation plan: This is done by preparing a detailed transformation plan that includes the timeline and steps required to achieve the transformation.

The assets and liabilities are then evaluated: the value of the assets and liabilities is calculated and how they will be divided among the potential shareholders is determined.

Select the type of joint stock company

Public Joint Stock Company (SA): This is an ideal choice for large companies seeking to raise capital by selling shares to the public.

Private Equity Company (SPC): Suitable for small companies that prefer to raise capital from a limited number of investors.

Preparing legal documents

Establishing the contract and articles of association: The company’s articles of association and articles of association must be prepared and submitted, after which the application for establishing the joint-stock company is submitted to the competent authority, such as the Ministry of Commerce and Industry or the Securities Commission. 

Company valuation and stock issuance 

The valuation of a company is done by assigning new values to the company's assets and then establishing capital, after which shares should be issued and distributed based on that valuation and offered to potential shareholders. 

Official approvals

Obtaining approvals from the relevant official authorities, such as the Securities and Exchange Commission, if it is a public joint-stock company, after which the new company is registered and all legal procedures are completed.

Actual transfer and notification of relevant parties

Transferring assets and liabilities from a sole proprietorship to a joint stock company, while informing related parties such as customers, suppliers and all other parties of the new change in the legal structure of the company.

Commencement of operations as a joint stock company

Start operating the joint stock company after obtaining all approvals, financial disclosure, compliance with disclosure requirements, preparation of reports and annual shareholders’ meetings. 

Joint stock company management

Appointing a board of directors to manage the company and supervise governance procedures to ensure compliance with all laws and regulations governing the work of joint stock companies.

Difference between sole proprietorships and limited liability companies

Establishing individual companies

Establishing individual companies

When starting a new business, an entrepreneur faces a range of options regarding the legal structure of the company. Among the common options are sole proprietorships and limited liability companies. Each of these types has advantages and disadvantages. We will explain the basic differences between these two types of companies below:

Definition

Sole Proprietorship: This is the simplest and most common type of company. It is owned and managed by only one person and there is no legal distinction between the owner and the company.

Limited Liability Company (LLC): A type of business that combines the advantages of a traditional corporation (such as limited liability) with a sole proprietorship or partnership (such as flexibility in management), and is a separate legal entity from its owners.

Legal Responsibility

Sole Proprietorship: The owner is fully responsible for all debts and legal obligations, and if the company gets into legal trouble, the owner's personal assets may be at risk. 

Limited Liability Company (LLC): Provides legal liability protection for its members, and members' personal assets are typically protected from the company's debts and legal liabilities.

Taxes

Sole Proprietorship: Income and profits are included in the owner's personal tax returns, and personal income tax is paid on the profits.

Limited Liability Company (LLC): Taxes are based on the number of members, and therefore are flow-through taxed, with profits and losses passed through to the members to be reported on their personal taxes.

Management and structuring

Sole Proprietorship: It is entirely run by one owner, business decisions are made quickly but all responsibilities fall on one person.

Limited Liability Company (LLC): Can be managed by members (owners) or appoint outside managers, and provides greater flexibility in managing the business and distributing tasks.

Establishment and dissolution

Sole Proprietorship: Relatively easy to establish and terminate, it requires licenses and registrations depending on the type of activity.

Limited Liability Company (LLC): Requires more complex incorporation procedures, including filing an articles of association with local authorities, and requires specific legal procedures in the event of dissolution. 

Finance

Sole Proprietorship: Usually financed personally by the owner from his savings or through personal loans, with difficulty raising capital from outside investors.

Limited Liability Company (LLC): Allows more options for raising capital by adding members or outside investments.

Choosing the right legal structure for your company depends on many factors such as the size of the business, the type of industry, the financing needs, the flexibility required in management, and the degree of responsibility you wish to bear.

Sole proprietorships may be the best option for small businesses and startups, while LLCs offer legal and administrative protections that make them more attractive to larger businesses and investors.

But before making a final decision, it is best to consult a business lawyer or legal advisor for advice that is tailored to your specific needs and business circumstances.

See also: Learn about the steps to establish a sole proprietorship in Egypt

Common Mistakes to Avoid When Starting a Sole Proprietorship

There are several common mistakes that should be avoided when establishing a sole proprietorship, and these common mistakes can stand in the way of your success, so we will explain how to prevent them below:

Lack of market research

Founders often fall into the trap of not doing enough market research, so before starting, you should have a good understanding of who your target customers are, the size of the market, competitors and prevailing prices, as this is vital to ensure that there is real demand for your products or services.

Not having a clear business plan 

A business plan is not just a business document; it is a roadmap that helps you define goals and operational details, and the absence of such a plan can lead to lack of focus and misdirection that negatively affects the success of the company.

Underestimating the financial aspect 

You must be fully aware of your company's financial position, including estimating costs and potential profits, determining the required capital and good cash management, knowing that ignoring these matters may lead to a serious shortage in providing the funds necessary for the continuity of the business.

trying to do everything yourself

As a sole proprietor, you may want to oversee all the details, but this is not realistic, so hiring accounting, legal and marketing professionals can save you time and effort, allowing you to focus on what you are really good at.

Neglect in marketing

Having a good product means nothing if no one knows about it, unless you do good marketing and continuous communication with customers because these elements are the key to success. You must also have the ability to negotiate successfully with suppliers and customers to ensure the best offers and services.

Non-compliance with laws and regulations

Ignoring the legal aspects can put your company in serious legal jeopardy, so make sure your company is registered, tax compliant, obtains the necessary licenses, and keeps proper financial records. 

Overlooking innovation and continuous improvement

The business world is always changing and renewing, so you must be ready to constantly adapt and innovate, because neglecting to update products or services and follow changes in the market may put your company at risk.

Dear reader, we have thus reached the conclusion of our article on establishing individual companies, by mentioning the identification of the most important procedures necessary to establish these companies, the most important required papers, and the costs required for establishment.

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