Setting Up a Foreign Company in Saudi Arabia: Investment License, Ownership and Branch vs Subsidiary

Foreign business executive preparing to enter the Saudi market

Company formation in Saudi Arabia for foreigners is possible in most activities today. It starts with registration at the Ministry of Investment (MISA), followed by a commercial registration from the Ministry of Commerce, then registration with ZATCA and GOSI. Under the updated Investment Law, “investment registration” has replaced the old licensing procedure, although most investors still call it the MISA license.

The short answer for anyone asking whether a foreigner can start a business in Saudi Arabia: yes, but the ownership share allowed and any minimum capital depend on the activity, and the choice between a branch of the foreign company and a Saudi subsidiary depends on how much liability the parent is willing to carry and what you will do in the Kingdom.

This guide walks through the steps, MISA registration requirements, ownership rules, branch vs subsidiary, and accounting and e-invoicing from day one. The information comes from official sources at the time of writing; the final word always belongs to the authority reviewing your application.

Can a Foreigner Start a Company in Saudi Arabia?

Yes. The updated Investment Law states that local and foreign investors are treated equally in similar circumstances, and requires a foreign investor to register with MISA before investing, then obtain the commercial registration and any other licenses from the relevant authorities.

Access is not unlimited in every activity, though. Activities are classified as available or restricted, and there is an excluded list where foreign investment needs the Ministry’s approval. According to MISA’s FAQs, GCC investors and their wholly owned companies are treated as local investors, unless the GCC company itself has foreign shareholders.

The MISA Investment License

The MISA investment license, now formally investment registration, is the first step that establishes a foreign company’s right to operate in the Kingdom. You apply online through the Invest Saudi platform, and MISA states that the review period is up to 10 days.

MISA license requirements vary by registration type and activity, but the Ministry’s Investor Guide lists core documents for regular registration, including:

  • The foreign partner’s commercial registration, certified by the Saudi embassy in its home country.
  • Financial statements for the latest fiscal year, authenticated by the Saudi embassy.
  • Documents specific to the chosen activity.

MISA notes that Premium Residency holders are exempt from submitting the commercial registration and financial statements.

Types of Investment License

The Investor Guide lists several registration tracks, including:

  • Regular registration of establishments.
  • Entrepreneurial establishments, supported by a Saudi university or an accredited incubator.
  • Temporary registration for government contracts, which ends when the contract ends.
  • Scientific and Technical Office, and Economic and Technical Liaison Office.
  • Regional Headquarters (RHQ) license.

Investment License Fees and Renewal

According to the Investor Guide, registration fees are set by the Ministry when the application is approved and must be paid within the deadline in the notification; otherwise the registration is treated as void. An annual update of the registration data is also required, and one of its conditions is that the company’s commercial registration in its home country remains valid.

We have not quoted a specific figure for MISA license fees because the current official guide does not publish one; the amount is shown to the investor at approval. Confirm it on the Ministry’s platform before setting your budget.

Ownership: Full Foreign Ownership or a Saudi Partner

Full foreign ownership is available in many activities, but some require a Saudi partner with a set share or a minimum capital. The reference is how your activity is classified on the Ministry’s platform.

The Investor Guide gives examples of these conditions:

ActivityOwnershipConditions Listed in the Investor Guide
Commercial (trading), 100% foreignFull foreignCapital of at least SAR 30 million and presence in at least 3 regional or global markets
Commercial with a Saudi partnerAt least 25% SaudiA minimum capital set in the guide
Engineering consulting, 100% foreignFull foreignPresence in 4 countries and at least 10 years of experience
Professional activities with a Saudi partner25% SaudiBoth partners licensed in the same field

So do not build an entry plan on the assumption of full ownership until you have checked the classification of your specific activity.

Branch of a Foreign Company or Subsidiary: Which One Fits?

A branch is an extension of the parent and not a separate legal person; a subsidiary is an independent Saudi company owned by the parent. The choice decides the limits of liability, the tax treatment and how the books are kept.

CriterionForeign Company BranchSubsidiary
Legal personalityPart of the parent companyAn independent Saudi company, such as a limited liability company
LiabilityThe parent is responsible for the branch’s obligationsLimited according to the company type
RegistrationRegistration of the foreign company branch in the commercial registerArticles of association and commercial registration through the Saudi Business Center
Tax treatmentA permanent establishment of a non-resident, subject to income taxForeign partners’ shares subject to income tax; Saudi and GCC shares subject to zakat
Usually suited toDelivering specific contracts or projects in the parent’s nameLong-term operations, hiring, growth and local partnerships

The Saudi Business Center allows companies to be established under an investment license in forms that include the limited liability company, the joint stock company and the simplified joint stock company, according to the Ministry of Commerce guide for that service. Take legal and tax advice before deciding, because the effect lasts for years.

Also read: how to start a company in Saudi Arabia, from commercial registration to your first e-invoice.

Steps to Set up a Foreign Company in Saudi Arabia

In most cases the path is: investment registration, then commercial registration, then government registrations before you start trading.

Investment License

Submit the registration application on the Ministry’s platform with the certified documents, choosing your activity under the approved classification. After approval, pay the fee within the stated deadline.

Commercial Registration

On the Saudi Business Center, choose the service for establishing a company under an investment license and enter the activities, trade name, fiscal year, capital, management and articles of association. Partners approve electronically, then you pay by card or SADAD. A branch has its own service for registering a foreign company branch in the commercial register.

ZATCA, Zakat and GOSI Registration

After the commercial registration, complete these registrations:

  • ZATCA: for zakat and income tax according to ownership, and for VAT once taxable supplies exceed the mandatory threshold of SAR 375,000 over 12 months.
  • GOSI: to register the establishment and its employees.
  • Qiwa and Mudad: for employment contracts and payroll.

We cover these registrations and their costs in detail in company formation costs in Saudi Arabia.

The Cost of Setting up a Company in Saudi Arabia for Foreigners

There is no single fixed cost; the total changes with the activity, the type of entity, the city and the number of employees. Build your budget on clear line items and take the figures from each authority when you apply.

Cost ItemAuthorityNote
Investment registration feeMISASet when the application is approved
Certification and translationSaudi embassy and translatorsFor the parent’s commercial registration and financial statements
Commercial registration and articles of associationMinistry of Commerce via the Saudi Business CenterPaid online when applying
Share capitalThe company itselfThe minimum depends on the activity
Premises and municipal licensesLocal authoritiesDepends on city and activity
Government fees for staff and residencyRelevant authoritiesDepends on the number of non-Saudi employees
Accounting and e-invoicing systemSystem providerNeeded before your first invoice

Accounting and E-Invoicing Setup for a Foreign Company

A foreign company needs books that separate what relates to zakat from what relates to income tax, and it must issue ZATCA-compliant electronic invoices from its first sale. ZATCA’s income tax guideline also requires a taxable person to register before the end of its first fiscal year.

An Odoo-based system can be set up for this situation, such as the Daysum ERP, covering:

  • A chart of accounts that separates partners’ equity by nationality, to simplify zakat and income tax calculations.
  • Current accounts with the parent company to track funding and recharged expenses.
  • E-invoicing that meets ZATCA Phase 2 e-invoicing requirements.
  • HR, attendance and payroll for staff in the Kingdom.

If you are planning to enter the Saudi market, you can talk to the Daysum team about preparing your accounts before your first invoice.

Conclusion: Entering the Saudi Market with a Fully Registered Company

Setting up a foreign company in Saudi Arabia goes through three stages: investment registration with MISA, commercial registration with the Ministry of Commerce, then zakat, tax, social insurance and labor registrations. Check your activity’s classification and ownership conditions first, choose between a branch and a subsidiary based on liability and tax, and do not leave your accounting system until after your first contract.

To start operating in the Kingdom with books and invoices ready for compliance, contact the Daysum team.

FAQs About Foreign Company Setup in Saudi Arabia

Yes, in many activities, but it depends on how the activity is classified by MISA. Some activities require a Saudi partner with a set share, and others allow full ownership subject to conditions such as minimum capital; for commercial trading, the Investor Guide requires capital of at least SAR 30 million. Check your specific activity on the Ministry's platform before you start.

There is no single figure, because the cost depends on the activity, capital, entity type, city and headcount. The main items are the investment registration fee set by MISA at approval, certifications, commercial registration fees, premises, staff-related government fees and the accounting system. Collect the figures from each authority when you apply.

A branch is part of the parent company and has no separate legal personality, so the parent carries its obligations, and it is treated for tax as a permanent establishment of a non-resident. A subsidiary is an independent Saudi company, such as a limited liability company, with liability defined by its type. A branch usually suits a specific project, while a subsidiary suits long-term operations.

The updated Investment Law replaced licensing procedures with registration at MISA, so the Ministry now uses the term investment registration for most of its services. The term investment license is still widely used in the market and appears in some document checklists. What matters is that your registration is valid and updated every year.

MISA states that the review period is up to 10 days, provided the required documents are complete. After approval, you pay the fee within the stated deadline and move on to the commercial registration. The overall timeline also depends on how quickly certifications are completed in the parent company's country.

Share This Article

top
Business Challenges

Digital Transformation

Security

Automation

Gaining Efficiency