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Business Formalities

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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.

What is the procedure to create a permanent establishment in Morocco?

  1. 1.    Obtention of the Negative Certificate from the Moroccan Office of Industrial and Commercial Property (OMPIC) to acquire a permanent establishment title,
  2. 2.    Issuance of a Decision Statement of Facts concerning the opening of the permanent establishment,
  3. 3.    Establishment of a tax domiciliation address in Morocco,
  4. 4.    Registration of the Decision Statement of Facts at the taxation administration,
  5. 5. 

Which legal business structure shall I choose for my company?

Many legal business structures are provided for by Moroccan law, mainly:

•    Self-Employment (Liberal Professions)
•    Individual Entrepreneurship
•    General partnership (SNC)
•    Limited Partnership Business Entity (SCS)
•    Limited Liability Company (SARL)
•    Public limited company (SA)
•    Simplified joint stock company (new SAS)
•    Partnership limited by shares (SCA)
•    Joint venture (JV)
•    Economic Interest Grouping (GIE)
•    Permanent Establishment
 

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