Tva Marruecos

Corporate name and denomination

The corporate name represents the first contact between the company and its clients, the name should be:
* Unique 
* Easy to remember; 
* Suggestive of the company's activities 
* After obtaining the negative certificate, the name or trade name must be registered in the Trade Register within one year (ART 75 / Law 15-95 commercial code)

The negativecertificate (NC) 

The negative certificate is a document by which the central office in the Trade Register, certify that no other company in Morocco have the same name as the one chosen by the applicant for his company. It is delivered at the CRI and can also be obtained directly from OMPIC
For this reason, when the promoter chooses the name of his business, he must complete a form at the CRI. Nodocument is required for this name search.
To save time, it is recommended to propose three names… this way it is more likely to have an affirmative answer at least for one of three names.
In some cases, the requested name may already exist. To avoid that, we must propose an original and unusual name.

Guide of formalities

Formality 1: Negative certificate 
Formality 2: Establishment ofstatutes (Notary or private) 
Formality 3: Establishment of subscription newsletters and acts of contribution if needed
Formality 4: blocking paid-up capital amount 
Formality 5: Establishment of the declaration of subscription and payment 
Formality 6: Filing acts of creation of society and registration formalities 
Formality 7: Patent and tax ID registration (Corporate tax (IS) – Income tax(IR) – VAT) 
Formality 8: Trade registration 
Formality 9: Affiliation to CNSS 
Formality 10: Publication in legal newspapers and the official bulletin
 
Formality 1 :Negative  certificate
 Concerned company | All commercial companies except for individual companies that may not adopt a commercial name |
 Concerned administration | The Moroccan Industrial and Commercial Property Office(OMPIC) represented within the CRI |
Required documents | - File a printed request obtained at the CRI
- ID card or passeport,
- Copy of ID card or passeport if the investor is represented by another person |
Fees | - 50 Dhs for name searching and verification 
- 100 Dhs for the negative certificate 
- 20 Dhs for receipt stamp |
Notes: 
-- After one month, non-withdrawn negative certificateswill be cancelled  
-- After one year, withdrawn negative certificates but not filed for Trade Registration, will be cancelled

Formality 2 : Etablishment of Articles of association
Concerned companies |  All commercial companies |
Concerned entities | Law firms : Fiduciairies, notairies, lawyers, certified accountants, legal advisors etc. |
Information to provide | To verify with thelegal body in charge of the dossier |
Fees | - 20 Dhs of legalization stamps fees per sheet 
- assessment fees for law firms
- Registering fees 1,5% of the share capital (minimum 1000 MAD).  |

Formality 3 : Etablissement of share allotment letters and  transfer acts
Concerned companies | Commercial companies particularily SA , SAS and SCA |
Concerned entities | Law firms : Fiduciairies,notairies, lawyers, certified accountants, legal advisors etc. |
 Justificatory documents | Share allotment letters signed par the underwriters |
Fees | Assessment fees for the legal firm |
Formality 4 : blocking the amount of paid-up capital
Concerned companies | Commercial companies particularily SA, SARL, SAS |
 Concerned administration | Commercial banks |
Formalities | The depositmust be made within 8 days from receipt of funds by the company. 
A certificate of blocking the paid-up capital must be issued by the bank |
 Justificatory documents | For SA, SAS : statutes, negative certificate, identity ducuments, share allotment letter 
For SARL :all documents except the share allotment letter
For SAS : total bocking of the paid-up capital.
For SA and SARL : blocking of...