Who holds the permission · quoted per market

The asset is not the product. It is the permission.

In five of these six markets you are not allowed to hold your own authorisation. Somebody local holds it for you — and which entity that is, how many of them there must be, and whether it can ever be moved are three different answers in every market. Getting this shape right is cheap. Undoing it is not.

ONE MARKET · TÜRKİYE · TWO PRODUCTS UK company the same company A DEVICE Representative may sit in the EU the customs union carries it A MEDICINE Established in Türkiye, or not at all art. 6(1) · no non-resident holder exists The most permissive market of the six, and the most closed. The same one.
This is why a structure designed for your devices cannot be copied across to your medicines, or the reverse. The rule is not national. It is per product type, per market.
5 of 6markets where you are not permitted to hold your own authorisation
1market where the licence is issued to a named human being, not a company
Twoimporters minimum in the UAE — by statute, not by negotiation
0published transfer procedures in Nigeria, though transfer is permitted
The question this page exists for

"Our distributor handled the registration" is the most expensive sentence in this business

It is usually said with relief. Somebody else did the paperwork, it cost nothing, the product is on sale. What has actually happened is that the permission to sell your product in that country now belongs to the company you sell it through — and in most of these markets you cannot simply take it back.

That is not a cautionary tale. It is a set of published rules, and they differ market by market in ways that are not intuitive. Saudi Arabia will not let two representatives hold the same device group, so replacing yours is a regulatory act rather than a commercial one. The Emirates go the other way and require at least two importers by statute, which means an exclusive Emirati distribution agreement is in tension with the law that governs it. South Africa issues the licence to a natural person who can resign. Nigeria permits transfer and publishes no way to do it.

The one thing every market agrees on

Choosing the holder at the start costs a conversation. Changing it later costs a negotiation — with the party who has the least reason to help you, at the moment your relationship with them has already broken down.

This page sets out what each regulator actually permits, so that the conversation happens before the signature rather than after.

Twelve cells

Who is allowed to hold it, and can it ever be moved

Four questions asked of every market for each product type. The fourth is the one nobody asks until it is too late.

—

—
Who may hold it
—
Can that be you
—
How many
—
Can it be moved later
—

Read the bottom row across all twelve. Two of these cells say yes with a published procedure. Three say yes with no published procedure at all, which in practice means at the regulator's discretion and your outgoing partner's goodwill. The rest are unresolved or route-dependent. Nowhere in these six markets is moving an authorisation a form you fill in.

The spectrum

From "you may already have one" to "no non-resident holder exists"

Ranked by how much of the structure you are permitted to own yourself. The bar is our reading of the published rules, not a regulator's score — it is a way of seeing the shape, and every row is sourced below.

Türkiye — devicesEU or Turkish representative
most open
Saudi Arabia — medicinesagent per product, or none at all with an investment licence
lever exists
Egypt — devicesyour own scientific office is one of three permitted holders
choice of three
Saudi Arabia — devicesone licensed representative, exclusivity confirmed to SFDA
rigid
Nigeria — bothlocal agent under power of attorney
opaque
UAE — bothEmirati-licensed establishment, and at least two importers
prescribed
South Africa — devicesa named natural person, resident there
a person
Türkiye — medicinesestablished in Türkiye, or not at all
most closed

The colour is a single-hue ramp and carries no meaning beyond position on this list; every row is labelled directly because that is the only honest way to use a sequential palette.

The draft on your desk

Clauses to find before you sign a distribution agreement

These are the provisions that decide who owns the permission, and they are rarely in the clause headed "Regulatory". We read the draft you were sent; this is what we look for.

  • Deal-breaker

    The distributor is named as the registration holder or applicant

    "The Distributor shall register the Products in its own name…"

    Sometimes framed as a convenience and sometimes as a legal necessity. It is a necessity in some of these markets and a choice in others, and the difference is the whole of this page. Where it is genuinely required, the answer is not to accept it — it is to separate the entity that holds the licence from the entity that sells.

  • Deal-breaker

    Silence on what happens to the registration at termination

    — no clause at all —

    The most common defect, and the most expensive. If the agreement says nothing, the default is whatever the regulator's rules say, and in Nigeria those rules permit a transfer while publishing no procedure for making one. An agreement that ends without a written, costed handover of the authorisation ends with your market access in someone else's cabinet.

  • Deal-breaker

    Exclusivity across the whole Emirati market

    "…sole and exclusive importer and distributor in the UAE."

    The governing decree-law requires the holder of the marketing right to appoint at least two licensed importers for the same product, and all appointed establishments are required actually to import during the calendar year. A single-importer exclusivity clause is in tension with the statute it operates under, and EDE announced in February 2026 that it was activating the mechanism.

  • Negotiate hard

    An irrevocable or long-dated power of attorney

    "…irrevocable for the duration of this Agreement and any renewal thereof."

    In Nigeria the practical route to changing agent, as described by local counsel rather than by NAFDAC, begins with revoking the previous power of attorney. An instrument drafted to be hard to revoke is drafted to make that route hard. We do not let a client sign a five-year power of attorney on a distributor's template.

  • Negotiate hard

    The authorised representative and the distributor are the same company

    "The Distributor shall act as Authorised Representative…"

    Legal nearly everywhere and unwise nearly everywhere. It means the entity that sells your product also controls the appointment that permits it to be sold. In Saudi Arabia, where SFDA requires confirmation that no other representative holds the same device group, replacing that company becomes a regulatory exercise conducted at the worst possible moment.

  • Negotiate hard

    No named individual, in South Africa

    "The Distributor shall appoint a suitably qualified representative."

    The 2016 regulations define the Authorised Representative as a natural person resident in South Africa, and SAHPRA's guidance says the licence is issued in that individual's name. A clause that does not name them, and does not say what happens when they leave, leaves your licence attached to a person you have never met.

  • Worth fixing

    Registration costs recovered from you without receipts

    "…reimbursement of regulatory expenses incurred."

    Official fees are published in every one of these markets. A partner recovering them from you should be able to show what was paid and to whom. Where we run the project, they are invoiced at cost with the receipt.

  • Worth fixing

    No obligation to hand over the correspondence file

    — no clause at all —

    Every question the regulator asked and every answer given is the institutional memory of your authorisation. If you do not hold it, the next adviser rebuilds it from nothing, and you pay for that twice.

We are not your lawyers and this is not legal advice. It is a regulatory reading of what the published rules make possible, and it belongs next to your solicitor's review rather than instead of it. Where a clause matters enough, we say so in writing and you take it to counsel.

Three shapes

How we structure it, and what each one costs you in freedom

Independent representative

  • Holds the licence and nothing else
  • Does not buy, sell or distribute your product
  • Contract separate from any distribution agreement
  • Changing distributor costs a conversation, not a re-registration

Our default in Saudi Arabia, the UAE, Egypt and Nigeria. Adds a small annual cost and removes the largest structural risk on this page.

Your own entity

  • A subsidiary, scientific office or licensed establishment that is yours
  • Egypt permits a scientific office as one of three applicant types
  • Türkiye requires it for a medicine, if you want the authorisation in the group
  • Saudi Arabia removes the agent obligation entirely with an investment licence

Highest control, highest fixed cost, and a tax and corporate question as much as a regulatory one. Worth modelling before you assume it is out of reach.

Distributor-held

  • Fastest to arrange and usually free at the point of signature
  • The entity that sells your product controls the permission to sell it
  • Replacing them is a regulatory act, not a commercial one
  • In one market the transfer route is unpublished entirely

We will do it if you instruct us to, and we will put the consequences in writing first. It is occasionally the right answer — for a small market, a short term, or a partner you already own part of.

The service

What we actually do

Included

  • Structure recommendation for your product type in each market, with the rule that drives it
  • Shortlist of candidate representatives, with references and real quotes
  • Due diligence: licences held, other manufacturers represented, conflicts with your distribution plan
  • A mandate drafted to keep the authorisation under your control, with the termination handover written in
  • The appointment filed with the regulator and confirmed
  • Ongoing management of the relationship, and of the annual confirmations the representative owes the authority
  • Review of the distribution agreement you were sent, against the clauses above

Not included

  • Acting as your representative ourselves — we appoint and manage, we do not hold
  • Legal advice, or drafting the distribution agreement itself
  • The representative's own licence fees and annual charges, which are passed through at cost
  • Finding you a distributor or a customer — a different job, and one we keep separate on purpose
  • Any guarantee that a regulator will consent to a transfer, where consent is discretionary

Why we do not hold authorisations ourselves. It would be a better business for us and a worse deal for you: it makes leaving us a regulatory exercise, which is the exact failure this page is about. We take no commission from a representative we appoint, and no share of your sales.

When it has already gone wrong

The registration is in your distributor's name. Now what?

This is a third of the enquiries we get, and the honest first answer is that it depends on a rule you can read in an afternoon — which is why we start by reading it rather than by quoting.

  1. 01

    Establish what is actually registered, and to whom

    Not what you were told. The certificate, the applicant of record, the expiry, and whether the regulator's published register agrees with your file. In more than one of these markets that check has produced a surprise.

    Us, in days not weeks
  2. 02

    Find out whether a transfer route exists at all

    Egypt publishes a procedure. Nigeria permits transfer and publishes none. South Africa publishes a route for a pending application and we could not locate one for a granted certificate — we report that as procedure-not-located, not as impossible. The answer changes what is worth attempting.

    Us, in writing
  3. 03

    Price the alternative honestly

    Where transfer needs the outgoing partner's cooperation and they will not give it, the alternative is a fresh registration in your own name — full fee, full clock, from a weaker negotiating position. Sometimes that is still the cheaper answer. You should see both numbers.

    Us, with you
  4. 04

    Then negotiate, or refile

    Most of these end in a negotiated handover, because the distributor usually wants something too. A few end in a refiling. We have not yet seen one end well where nobody checked until the relationship had already failed.

    Shared
Questions

Asked in almost every first call

Our distributor says the registration has to be in their name. Are they lying?

Usually not. In several of these markets it genuinely must sit with a local licensed entity. The question they are not answering is whether that entity has to be them — and in every market on this page, it does not.

Can you be our authorised representative?

No, by choice. We appoint and manage one; we do not hold your licence. Holding it would make leaving us a regulatory exercise, and that is the problem this service exists to prevent.

What does an independent representative cost?

It varies by market and by how many products sit under the appointment; the licence and annual charges are published and we pass them through at cost. It is a small annual line against the cost of a re-registration, which is the thing it is insuring against.

We sell in both Gulf markets. One structure or two?

Two, necessarily. Saudi Arabia wants a single representative with exclusivity confirmed to the regulator; the Emirates require at least two importers by statute. One distributor agreement cannot satisfy both, and a template written for one will breach the other.

Do we need a local entity of our own?

For a Turkish medicine, yes or an appointed Turkish holder — article 6(1) admits nothing else. Elsewhere it is a cost-and-control decision rather than a legal one, and we model it rather than assume it.

Can we do this before we register anything?

That is the best possible time, and it is the cheapest version of this work. Structure first, dossier second. The reverse order is what fills our inbox.

Start

Send us the agreement, or the question

If a draft distribution agreement is in front of you, send it and we will tell you which of the clauses above are in it and what they do in that specific market. If nothing is signed yet, better still.

  • Market or markets, and whether it is a device or a medicine
  • The draft agreement, if there is one — or the one you already signed
  • Whether anything is already registered, and in whose name you believe it is
  • Whether your distributor is also acting, or proposing to act, as the representative
  • Any power of attorney already granted, and its term
  • Whether you have a local entity anywhere in the region
  • What you want the arrangement to look like in five years

Mutual NDA signed before you send anything, and we do not approach any party named in your documents without your written instruction.

Whose name is on it?

If you cannot answer that in one sentence for every market you sell in, that is the work. It usually takes days rather than weeks, and it is the cheapest thing on this site to get right.

mail@bcabusiness.co.uk · +44 7342 901002 · WhatsApp

Every holder rule on this page traced
to the regulator that published it · 18 September 2026

Where the rules come from

  1. Saudi Arabia, devices. MDS-REQ 9, Requirements for Licensing Medical Devices Establishments, version 2, January 2025 — the representative licence issued per manufacturer, the confirmation that no other representative holds the same class or general group, and the representative's continuing duties. MDS-REQ 1 version 6 — who may apply.
  2. Saudi Arabia, medicines. SFDA registration rules — "the foreign companies that do not own a commercial investment license from the Ministry of Investment must appoint an agent or more for each pharmaceutical or herbal product", and the scientific office and designated pharmacist requirements. The per-product wording and the investment-licence exemption are quoted because both are commercial levers and neither exists on the device side.
  3. United Arab Emirates, both. Federal Decree-Law No. 38 of 2024, in force 2 January 2025 — the applicant must be an Emirati-licensed establishment pre-registered with EDE; the holder of the marketing right must appoint at least two licensed importers for the same product plus one or more distributors, notifying EDE which is the main establishment. EDE announcement of the multiple-agent mechanism, 24 February 2026 — activation, framed publicly as breaking the monopoly on medical products.
  4. Egypt, devices. GL.CAMD.002 version 02, effective 09/2025 — the applicant definition and the three permitted holder types: importing company, local facility, scientific office. GL.CAMD.003 version 03, effective 1 September 2025 — change of applicant, required documents and grace periods. GL.CAMD.007 and GL.CAMD.008 version 02, 09/2025 — holder eligibility and the non-transferability of the import approval, which is a different instrument from the registration.
  5. Türkiye, devices. Tıbbi Cihaz Yönetmeliği — the authorised representative, yetkili temsilci, defined as a person established in Türkiye or in an EU member state, with TİTCK confirming that EU-established representatives carry the same rights and obligations. The importer must still be established in Türkiye, and a sales centre authorisation from the provincial health directorate is required before anyone may sell.
  6. Türkiye, medicines. Beşeri Tıbbi Ürünler Ruhsatlandırma Yönetmeliği, article 6(1) — application may be made only by natural persons or trading companies "Türkiye'de yerleşik bulunan". Article 7 — the qualified person, yetkili kişi. Article 8(1)(n) — the sole authorised representative instrument required in the dossier.
  7. Nigeria, both. NAFDAC Medical Devices Regulations 2024, statutory instrument 42 of 2024, Official Gazette 176 volume 111, 16 October 2024, regulation 47 — a certificate of registration may not be lent, hired, sold, transferred or otherwise disposed of without the Agency's approval. Guidelines VBM-R&RA-GDL-001-00, effective 4 November 2024 — the local agent and power of attorney. We searched the gazetted regulations, both registration guidelines and NAFDAC's forms page and found no change-of-agent form, no transfer form, no fee line and no timeline.
  8. South Africa, devices. Regulations relating to Medical Devices and IVDs, Government Notice R.1515, Government Gazette 40480, 9 December 2016, regulation 1 — the Authorised Representative defined as "a natural person, resident in the Republic of South Africa, who has the written mandate to represent a manufacturer, importer, distributor, wholesaler, retailer or service provider". SAHPGL-MD-07 version 4, 21 May 2025 — that individual is the person "in whose name the manufacturer Licence, distributor licence, wholesaler licence and or certificate of registration is issued", the curriculum vitae requirement, and the absence of any published minimum qualification.
  9. South Africa, medicines. SAHPGL-HPA-07 version 12, 11 December 2023 — applicant eligibility, the resident delegated responsible person and authorised person, the responsible pharmacist and the person-specific letter of authorisation, and §3.14.1 "Transfer of Applicancy with motivation in exceptional circumstances". Medicines and Related Substances Act 101 of 1965, s. 22C(1)(b) — licences issued per activity.

What we could not confirm, and are not going to assert. A Nigerian law firm describes the practical route to a change of agent — writing to NAFDAC to revoke the previous power of attorney and introduce the new one, on notarised instruments — and cites no NAFDAC authority for it; we report that as unpublished practice. The same source states that a foreign manufacturer's registration certificate is issued in the local agent's name. We could not confirm that from any NAFDAC document and we do not assert it, while noting that if it is right it matters more than anything else on this page. In South Africa we could not locate a published procedure for transferring a granted certificate of registration for a medicine; the variations addendum is the likely home and we could not retrieve it. Treat that as procedure-not-located rather than transfer-impossible.

Each rule sits in fuller context on the market page it comes from: all twelve are here.

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