Guide to Company Formation in Morocco

Starting a business in Morocco may seem daunting, but understanding the key steps to company formation can simplify the process. In this article, we’ll guide you through the essential procedures for establishing a company in Morocco, providing the necessary information to make the process as seamless as possible.

Section 1: Choosing Your Company’s Legal Structure

The first step in setting up a business in Morocco is selecting the legal structure that best suits your needs. The most common options include:

• SARL (Société à Responsabilité Limitée – Limited Liability Company),

• SA (Société Anonyme – Public Limited Company),

• SNC (Société en Nom Collectif – General Partnership),

• SCS (Société en Commandite Simple – Limited Partnership),

• SCA (Société en Commandite par Actions – Partnership Limited by Shares),

• SCM (Société en Participation – Joint Venture),

• SAS (Société par Actions Simplifiée – Simplified Joint-Stock Company).

Each structure has distinct characteristics regarding liability, ownership, and governance. Choose the one that aligns best with your business goals.

Section 2: Obtaining a Negative Certificate of Trade Name

Before registering your company, you must secure a Negative Certificate of Trade Name (Certificat Négatif de Dénomination Sociale). This document confirms that your chosen company name is unique and not already in use.

Process:

1. Submit an application to the Moroccan Office of Industrial and Commercial Property (OMPIC).

2. The certificate is typically issued within 2–3 business days.

Section 3: Drafting the Articles of Association

Once the legal structure is chosen, draft the Articles of Association (Statuts de la Société). This document outlines the company’s governance rules and operational framework, including:

• Company name and registered address,

• Business purpose (objet social),

• Share capital and distribution of shares/ownership,

• Procedures for capital increases or structural changes.

Section 4: Preparing Incorporation Documents

The incorporation process requires two key documents:

1. Minutes of the Constituent Assembly (Procès-Verbal de l’Assemblée Constitutive),

2. Lease or Domiciliation Agreement for the company’s registered office.

Section 5: Registering with the Trade Register

Register your company at the Commercial Court (or Tribunal de Première Instance) in the region where the business will operate. Required documents include:

• National ID or passport of the business owner(s),

• Completed registration form,

• Copy of the Articles of Association,

• Proof of capital deposit in a Moroccan bank,

• Proof of registered office address.

The Model 7 (registration certificate) is typically issued within one week, pending appointment availability.

Section 6: Registering with the Tax Authority

All Moroccan companies must register with the Tax Administration to obtain a Tax Identification Number (TIN). This step is mandatory for compliance with local tax regulations.

Section 7: Publishing Legal Notices

After incorporation, publish a legal notice in both a Legal Announcements Journal (JAL) and the Official Gazette (BO). The notice must include:

• Company name and address,

• Share capital,

• Names of shareholders/partners.

Section 8: Registering with the CNSS

Enroll your company with the National Social Security Fund (CNSS) to fulfill social security obligations for employees. Registration can
be initiated online and finalized at a local CNSS office.

Conclusion

Once all steps are completed and licenses/permits obtained, your business is officially operational in Morocco. Understanding local regulations is critical for a smooth setup process.

Need Assistance?
Contact Accounting Services SARL for expert guidance through every stage of your company formation journey.