Going into business and setting up one’s enterprise is first of all choosing the best suited legal business structure for your project. What is, for instance, the self-employment status or the new Simplified Joint-Stock Company? The Casablanca-Settat RIC clears out these options for you together with the corresponding procedures for your business creation.
The Self Employment type (locally called Entreprise Individuelle) is a legal entity which operates by a natural person under his own name in order to exercise a “Liberal Profession” or a lucrative activity.
The sole proprietorship type is accessible to any natural person residing in Morocco and exercising, under his personal name and on individual basis, an independent activity based on his own work force, skills, and knowhow for the purpose of generating an income.
For more information, please access the following website: www.ae.gov.ma
It is the only type of legal entity in Morocco whose partners have all together the stature of traders and share inclusively unlimited liability for any corporate debts. No minimum capital is required for its creation.
This structure is distinguished by including two types of partners: Limited Partners: passive partners acting as contributors to the Capital, and General Partners: active partners in charge of managing the SCS.
As a widespread legal structure, the SARL can be created by a sole partner and partners’ liability is limited to the amounts of their contribution, while auditing control is only compulsory starting from MAD 50 million turnover. Financial companies cannot operate under this structure.
A public limited company (SA) is subject to corporate tax and its structure is cut out for large projects (its minimum capital is MAD 30,000). This structure requires an important number of partners (minimum of 5).
This new legal form has been applied by law 19.20 to represent better simplification and flexibility. The SJS (new SAS) form could be created either by one legal or natural person, and therefore takes the name of "Sole member Simplified-Joint Stock Company". Ogranizantional and managing modes are freely fixed by legal status.
This company is defined as having a capital divided into shares and constituted, on the one hand, by one or more general partners who have the quality of traders being inclusively subject to unlimited liability for corporate debts, and on the other, by limited partners who have the quality of shareholders and bear losses only up to the limit of their contributions.
The joint venture is a non-registered category, with no legal entity and is not subject to any publication procedures. It is not inclined to be known by third parties and it operates freely. Composed of at least two partners, each one must make a contribution in cash, in kind or in industry.
As an entity taking part of a group, the subsidiary enjoys management but not financial autonomy nor any legal entity. It depends on a parent company, possibly a foreign group not wishing to create a company under Moroccan law. These entities known as “permanent” are subject to corporation taxation.
The GIE is an intermediate legal entity type between association and company. It can be a non-profit entity yet allowed to do business and make profit. Registered in the Register of Commerce, it can be created by two or more partners, legal or natural, with no maximum and with or without capital.
The Casablanca-Settat RIC is ready to advise you in choosing the most appropriate legal business structure for your project.
To book an appointment with our advisors, please click on the following link:
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The following steps are conducted at the “Poste Maroc” partner banks according to the following order:
1- Eligibility check out of the intended activity
2- Preregistration in the Sole Proprietorship National Register website (rn.ae.gov.ma)
3- Preparation of the registration file
4- Submission of the file at any “Poste Maroc” partner bank
5- On-line follow up of the file progress
6- Obtention of the Sole Proprietorship card