Moroccan laws define societies as economic units, legally independent and self-governed, where CEO, employees and laborers work together to produce either goods or services to benefit the market, the people and the government. Any foreigner can create his own company in Morocco.

Creation of a company in Morocco requires two steps, one is legal and the second is administrative. The constitution of an enterprise is divided into multiples steps that we will describe afterward. In addition, Moroccan commercial law is similar to the French one, subsequently; too many existing companies have status that does not vary from French companies’ legal status.
Here then different stages of the construction of an enterprise in Morocco and different existing companies.

I – Constitution of a company :

- A person eager to assemble a company must first of all, before passing to the administrative phase to wonder about many fields:

• To determine the idea of project, which must be realizable financially and materially, profitable.

• To realise a feasibility study. Generally, the feasibility study contains 7 important parts (quoted on the site).

• To look for a name of the company: the name must be simple to retain, significant and does not have to be carried by another company.

• The capital: a minimum of personal capital contribution is necessary; an initial entrepreneur must know that a good starting is the condition of success. The capital also means the set of knowledge, skills, address book and also concepts in marketing, management, production and financial technique.

• Associates: the contribution of an associate can be, in cash (money), nature (goods), industry (technical training or know-how), and commercial credit (customers)

• Office: one can settle by building his own location, by buying his own space, by buying a goodwill, by renting a location, by domiciling its company at home in residence, by domiciling its company at another residence or by sharing the location with another company.

Establishment of the statutes: the statutes of the company are rather multiple (see chapter legislation).

A – The conventional step:

1. The negative certificate:

  This procedure relates to all companies except for the one-man businesses which do not choose an ensign. The step is easy; it is enough to present a request in the Central Register of the Trade, in the Service of creation of companies to the OMPIC, in the Regional Centres of Investment or the antennas of the OMPIC in the Delegations of the Trade and Industry Ministry.           

The delay is just 2 hours for the request deposited to the OMPIC and CRI.  And 24 hours for the request deposited to the Antennas of the OMPIC to the delegations of the Industry, Commerce and Telecommunications Ministry.
EXPENSES = 150 dirham of search and stamp charges.

2. Establishment of the company statutes :

The establishment of the company statutes happens in offices of qualified people to write such acts as the notaries. It is necessary to present the following :
The legal form- retained
 The contributions nature; thus- shares distribution among the associates.
Expenses = 20 dirham charges of the stamp by page of the statutes + fees.

3. Registration of the company:

Relating to only the companies members, this formality is ensured by delegations of the Ministry of Finances. The necessary documents are:

Signed statutes of the company, legalized and stamped statutes 
The  statement of the constitutive assembly
The delay should not exceed the month of the act.

Expenses = For Limited companies: registration 50 dirham per project of the statutes. For Limited companies with Limited Responsibilities and the partnerships: registration is 0, 5% on the capital in cash. For all companies: 20 dirham stamps by sheet + 2 dirham stamp by authenticated signature.

4-Deposits of the statutes:

Ensured by the court Secretariat clerk of first instance jurisdiction (scope) of which the company depends (all the companies are concerned). The time is 30 days (starting from the creation date of the company).       

                                                                                        
Expenses = deposit: 250 dirham, registration: 100 dirham (50 dirham for the statutes and 50 dirham for the minute), notary’s’ tax: 3 dirham + 20 dirham of stamp by sheet of the minute

5. Establishment of the application forms or acts of contributions:

Concerning the joint stock companies and in particular S.A. the step is to draft an act by which the shareholder commits to make a contribution. The delay must not exceed 2 days.

Expenses = stamp of 20 dirham by sheet and if necessary 50 dirham to register the act of contribution.

6. Funds deposit of subscription of a delivery of blocking certificate:

This formality relates to the joint stock companies, amongst others, the limited liability companies and SA. The cashing of shares funds, by the means of the banks is the procedure to follow.

7. Declaration of subscription and payment:

Establishment of subscription declaration and payment as far as the joint stock companies and more particularly SA.
Expenses = fees+   notary’s tax: 75 dirham for the first 10.000 dirham more 0.20% for the remainder of the capital, Stamps: 20 dirham by sheet of the minute and the appendices plus 20 dirham by sheet of act and their appendices, Registration: 50 dirham for the minute for the declaration and 50 dirham by document annexed to.

8. Trading Inscription:

All companies must pass by this process. It is necessary to subject an inscription request on a printed paper form accompanied by all documents of the company constitution with the sub directorate of the taxes of the place of the registered office of the company.

9. Registration in the Commercial register:

All firms have to write a request on two prints with authenticated signature accompanied by the declaration of the licences, the negative certificate and the statutes. The delay must not exceed 3 months. The request is deposited in the Court of the company registered office and the service of legalization

Expenses = 150 dirham plus stamp of 20 dirham per sheet plus 2 dirham per authenticated signature.

10. Publication in the legal advertisement newspaper and the Official Bulletin:

all companies are concerned, this formality is insured by :

 the legal advertisement newspaper

Official printing of official bulletin.

The publication of the statutes and the P.V (the statement of the Parliament); the constitutive committee for S.A. within one month

Expenses = legal announce: according to tariffs of publication. Expenses of legalization of the legal advertisement: 20 dirham plus 2 dirham of stamp by copy. Official bulletin: according to tariffs of publication. Expenses of legalisation of B.O: 20 dirham by copy.