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Frequently Asked Questions (25)

May I appoint a person to sign my company's Articles of Association? If yes what documents shall I provide?

Yes it is possible by means of a power of attorney.

I intend to create a Limited Liability Company of unique partner (SARLAU), while the partner himself is a SARLAU, is this legal?

A Limited Liability Company cannot have another Limited Liability Company composed of a single person as unique partner

The capital of my company shall be constituted by an in-kind contribution, what are the relevant procedures?

Entities entitled to provide an in-kind contribution to a company are physical persons fulfilling conditions of judicial competence, and legal entities fulfilling conditions of judicial personality.

The company's Articles of Association should include an estimation of every in-kind contributed item made by a contribution auditor designated unanimously by future partners, or failing such, by ordinance of the Court President sentenced as temporary injunction following a request by the most diligent future partner.

However, future partners may decide unanimously that recourse to a contribution auditor is not necessary when no in-kind contribution value exceeds MAD 100 000, and if the total value of all in-kind contributions, not subjected to a contribution auditor, does not exceed half of the capital.

Am I allowed to engage in a partnership with a foreign partner?

Yes, no law forbids that.

What are the legal details I have to mention in the Statement of Facts of the permanent establishment creation?

1. •    The permanent establishment name,
   •    Its activity,
   •    Its Head Office,
   •    Its legal Representative.