Starting your own business

Starting a business and setting up your company begins with choosing the legal structure best suited to your project. For example, what is the status of a sole proprietorship or the new legal form of a "simplified joint-stock company"? The CRI (Regional Investment Center) sheds light on these choices and the steps to follow to create your business.

Créer son entreprise — CRI Guelmim-Oued Noun
Sole proprietorship

A sole proprietorship is operated in the name of an individual to practice a liberal profession or engage in economic activity. Simple to set up, with no minimum investment required, it allows entrepreneurs to launch their businesses while remaining solely in control.

The company and its owner are considered a single entity, and business and personal assets are combined, making the entrepreneur personally and indefinitely liable for the company's debts. The tax regime is that of income tax, and the company is exempt from the requirement to publish a newspaper advertisement upon its legal incorporation.

As a simplified form of individual enterprise introduced in 2014, the status of self-employed is accessible to any natural person residing in Morocco who carries out, in their own name and individually, an independent activity based on their own labor, skills, or know-how to generate income.

It covers a wide range of commercial, industrial, craft or service-related occupations, while benefiting from a number of advantages, including exemption from registration in the Trade Register and reduced taxation.

In addition to these advantages, its legal creation procedure is relatively simpler, and goes through the partner banks of Poste Maroc.

For more information, visit the self-employed website: www.ae.gov.ma

This is the only type of company in Morocco where all partners are registered as merchants and are jointly and severally liable for the company's debts. No minimum capital is required for its formation, and shares can only be transferred with the consent of all partners. The general partnership (SNC) is automatically subject to income tax, but it can irrevocably opt for corporate tax.

This relatively uncommon form of partnership is distinguished by the presence of limited and general partners. It allows outside investors to create or take over a business by providing capital without being involved in its management. General partners are considered merchants; they manage the company and are jointly and severally liable for its debts. Limited partners are only liable for the company's debts up to the amount of their investment.

The SARL (limited liability company), a very common form of business structure, is an intermediate type of company, falling between partnerships and corporations. It can be created by a single shareholder. Subject to corporate income tax, it acquires legal personality upon registration with the commercial register. The liability of the shareholders is limited to the amount of their capital contributions, while auditing by a statutory auditor is only mandatory for companies with a turnover exceeding 50 million MAD. Financial companies cannot operate under this structure.

The public limited company (SA) is subject to corporate income tax and its legal structure is well-suited to large-scale projects (its minimum share capital must be 300,000 MAD). Its management rules are specific (appointment of directors, distribution of dividends). This legal form requires a large number of shareholders (a minimum of 5). However, the liability of its shareholders is limited to the amount of their investment. It also provides strong guarantees for investors and bankers, and shares can be freely transferred. Furthermore, the SA can raise capital from the public if its share capital is at least 3 million MAD.

This new form, introduced by Law 19.20, represents unparalleled flexibility and adaptability. The SAS (Simplified Joint-Stock Company) can be formed by a single legal entity or natural person, in which case it is called a SASU (Simplified Joint-Stock Company with a Single Shareholder). Its organizational and management structure is freely determined by its articles of association.

This type of company is defined as having capital divided into shares. It consists, on the one hand, of one or more general partners, who are considered merchants and are jointly and severally liable for the company's debts, and on the other hand, of limited partners, who are shareholders and whose liability for losses is limited to the amount of their contributions. The general partners have unlimited joint and several liability towards the limited partners. This type of company, designed to ensure control of a business, can raise funds through public offerings, unlike a simplified joint-stock company (SAS). The general partners are subject to income tax, while the company itself can choose between income tax and corporate tax.

An unregistered joint venture has no legal personality and is not subject to any publication formalities. It is not intended to be known by third parties and operates freely. Formed between at least two people, each partner must contribute cash, assets, or services.

As part of a group, a branch enjoys managerial autonomy, but not financial autonomy, and does not have its own legal personality. It reports to a parent company, which may be a foreign group that does not wish to create a company under Moroccan law. These so-called "permanent" establishments are subject to corporate income tax.

An intermediate form between an association and a company, the GIE (Economic Interest Group) can be non-profit, but allows for business transactions and profit-making. Registered with the trade register, it is formed between two or more legal or natural persons, with no maximum number of members, and with or without capital. It can be used by companies wishing to pool their resources to conduct studies, carry out communication, or prospect for business abroad, for example.

Online creation

DIRECT ENTREPRISE: the platform for creating and supporting businesses electronically

DIRECT ENTREPRISE is now the official way for entrepreneurs, businesses and professionals wishing to complete all the formalities related to business creation and management.

Enjoy fast access to essential services: business creation procedures, filing of documents, certifications, and much more. As part of strategic initiatives aimed at improving the business climate in Morocco, this platform supports you at every stage of your entrepreneurial journey. Discover DIRECT ENTREPRISE and simplify your processes:

www.directentreprise.ma

Good to know

Steps to becoming
«"self-employed"»

These procedures are carried out with the partner banks of "Poste Maroc" according to the following scheme:

www.ae.gov.ma

1

Verification of the activity's eligibility

2

Pre-registration on the National Register of Self-Employed Individuals website (rn.ae.gov.ma)

3

Preparing your registration file

4

Submitting the application at one of the counters of Poste Maroc's partner banks

5

Online tracking of the case's progress

6

Obtaining a self-employed business card