Maître Moulay El Mahdi Khouiammi

Your Notary in Marrakech

Day-to-day operations in company law

Company formation and registration

The creation of a company is a crucial step in the business formation process. The notary plays an important role in this process by drafting the company's articles of association and registering them with the Commercial Register.

Amendment to the company's articles of association

Companies may need to amend their articles of association for various reasons, such as a change of legal form, a transfer of registered office, or an increase or reduction of share capital. The notary is responsible for drafting these amendments and registering them with the relevant authorities.

Assignment of shares

The transfer of company shares is a common transaction in corporate law. The notary is responsible for drafting the transfer agreement and registering it with the Trade Register.

Dissolution and liquidation of companies

The dissolution and liquidation of a company may be necessary for various reasons, such as the cessation of business activities or disagreements between partners. A notary plays a role in this process by drafting the documents required for the dissolution and liquidation of the company.

Business consulting and support

The notary can also provide legal advice and assistance to businesses in their day-to-day operations. This includes drafting commercial contracts, negotiating transactions, and managing disputes.

Legal audit of companies

A legal audit of a company is an operation that involves examining the legal situation of a business to identify potential legal risks. A notary can play a role in this process by conducting a comprehensive legal audit of the company and proposing solutions to address any identified issues.

Mergers and spin-offs of companies

Mergers and divisions of companies are complex operations that require the involvement of a notary. The notary is responsible for drafting the necessary documents for these operations and registering them with the relevant authorities.

Frequently Asked Questions about Company Law

See our frequently asked questions below for answers to your most common questions.

  • What types of companies can be created in Morocco?

    The types of companies that can be created in Morocco are the public limited company (SA), the limited liability company (SARL), the general partnership (SNC), the limited partnership (SCS), the limited partnership with shares (SCPA), the joint venture and the limited partnership with variable capital.

  • What are the steps involved in setting up a company in Morocco?

    The steps to create a company in Morocco are as follows: drafting the articles of association, applying for the extract of registration in the Trade Register, publishing a legal notice, legalizing the articles of association, establishing the share capital, signing the deed of incorporation before a notary and finally registering the company in the Trade Register.

  • What are the powers and functions of the governing bodies of a company in Morocco?

    The governing bodies of a company in Morocco are the board of directors, the managing director, and the chairman of the board. The board of directors is responsible for making the company's strategic decisions, the managing director is responsible for implementing the decisions made by the board, and the chairman of the board is responsible for leading and coordinating the work of the other bodies within the company.

  • How does the transfer of shares in a company work in Morocco?

    The transfer of shares in a company in Morocco is carried out either for consideration or free of charge. It requires notification by registered letter with acknowledgment of receipt to the company and the other shareholders, as well as registration with the tax authorities. The transfer only takes effect after approval by the other shareholders.

  • How to dissolve a company in Morocco?

    A company in Morocco can be dissolved voluntarily or by court order. Voluntary dissolution requires a decision by the shareholders or a court order. Judicial dissolution can be ordered in cases of non-compliance with legal or statutory obligations, insolvency, or disagreement among the shareholders.

  • What are the tax advantages for companies in Morocco?

    Tax advantages for companies in Morocco include an exemption from corporate income tax for new companies for the first two years, a reduction in corporate income tax for investments in export free zones, and a reduction in value-added tax for exports of goods and services.