On January 26, 2018, the General Secretariat of the Government published draft law n 88-17 relating to the creation of companies by electronic means.
This bill provides that the electronic creation of companies will be done through an electronic platform whose maintenance and management will be entrusted to the OMPIC. This platform would become the only procedure to follow for the creation of companies in Morocco and a monitoring committee would be set up to support the creation of companies by electronic means.
This bill covers not only the formalities to be followed for the creation of companies but also all registrations and legal deposits for which companies registered in the commercial register are required.
However, this dematerialized formality will not exempt companies from filing a paper copy with the commercial register, the articles of association, the minutes of the ordinary general meeting as well as a sworn statement made by the applicant. the veracity of the content of the documents filed.
These formalities could be carried out by the founder(s) directly, by an agent with a special principal, by the regional investment centers or through professionals, in particular chartered accountants, chartered accountants, notaries and lawyers.
It should be noted that the bill exempts professionals from having powers to carry out business creation formalities. However, said powers remain necessary for the completion of registrations and legal deposits.
It should be noted that the bill exempts professionals from having powers to carry out business creation formalities. However, said powers remain necessary for the completion of registrations and legal deposits.
Regarding the payment of duties and taxes that will be due following the creation of a business, registrations or legal deposits, they should be paid to the commercial register. Finally, the bill provides for a transition phase of six (6) months for the passage from the creation of companies with the trade register by paper medium to the creation by electronic means.