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Published: 31 Oct 2008 01:36:05 PST

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Kuwait

Operating a Business in Kuwait

Setting up a company | Working conditions | Cost of labor | Social partners

Setting up a company

Legal business entities

Types of companies and capital (max/min) Number of partners/shareholders and liability Registration fees

The close shareholding company
 
 
KWD 7,500 minimum capital.
Minimum 5 partners.
 
 
Partners' liability is limited to the amount contributed.
About KWD 3,000.
Limited Liability Company (WLL's)
 
 
KWD 7,500 minimum capital.
Minimum 2 partners. Maximum 30 partners.
 
 

Partners' liability is limited to the amount contributed.
About KWD 1,500.
General Partnership
 
 
No minimum capital.
Minimum 2 partners.
 
 
Partners' liability is limited to the amount contributed.
About KWD 500.
Limited Partnership
 
 
No minimum capital.
Minimum 2 partners. Two types of partners: dormant partners and active partners.
 
 
Liability of active partners is unlimited. The liability of dormant partners is limited to the amount contributed.
About KWD 500.
 
Business setup procedures
According to the law No. 36 of 1964 amended by the commercial law No. 68 of 1980, all foreign companies wishing to establish an office, a business branch or a company in Kuwait, have to do it through a Kuwaiti agent or a citizen of one of the countries members of the Cooperation Council of the Gulf. The total capital participation of the foreign company cannot exceed 49%. In certain sectors, such as banking, finance and insurance, this participation cannot exceed 40%.  In order to establish a company in Kuwait, the Kuwaiti partner must request a commercial license issued by the Ministry of Commerce.  This request must be written in Arabic.  For certain activities, considered 'sensitive', such as telecommunications, pharmaceuticals and health services, additional authorizations might be required from the ministries of each sector and their subsidiaries. 
The competent organization
The Ministry of Commerce issues the commercial license required to perform any commercial activity.  For certain activities, a license must be obtained from other ministry departments as well such as health, communications, etc.

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Working conditions

Legal weekly duration
8 hours per day, 48 hours per week.
Retirement age
60 years old.
Working contracts
The private sector has two types of contracts:  Contract for unlimited time and contract for limited time which cannot exceed five years.  It is mandatory that  all contracts have to be written in Arabic, but they can be translated if the employee does not speak Arabic.

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Cost of labor

Minimum wage
There is not a legal minimum wage in the private sector. However, in the public sector, the minimum wage is approximately 200 dinars (USD690) per month for Kuwaiti citizens.
Average wage
The average salary of a Kuwaiti is about KWD 1,000 per month (3,749 USD).
Social contributions
Social security contributions paid by employers: Employers are not  required to contribute for the foreign labor force they recruit.
Social security contributions paid by employees: For foreign labor force, this system is not mandatory.

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Social partners

Social dialogue and involvement of social partners
Creation of syndicates (unions) is limited.  All syndicates (about 15) are regrouped under the Kuwaiti Federation of Syndicates.  Foreign domestic workers, who represent one third of the active population, do not have the right to be affiliated to a syndicate.
Unions
Kuwait Trade Union Federation
Unionization rate
5 % of the active population is affiliated to a syndicate (union).
Labor regulation bodies
Ministry of Labor and Social Affairs & Electricity and Water

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Last updates: November 2009


Source: FITA

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