Creating of businesses: On-line mode activated

Ryad Mezzour can breathe a sigh of relief. The Minister of Industry and Commerce has succeeded in getting the draft decree he has been waiting several years for adopted by the most recent Government Council meeting. This is the piece of legislation that sets out the terms and procedures for creating and supporting businesses electronically, bearing in mind that the law was approved in 2017. It has to be said that the draft decree, examined for the first time by a Government Council meeting last September, had not come to fruition. Further consultations were needed with the stakeholders concerned. This has now been done. For its sponsors, this piece of legislation is part of the reinforcement of the legislative and regulatory framework aimed at improving the investment climate and increasing the competitiveness of national companies. The bill also implements law no. 88.17, which calls for the adoption of electronic procedures and formalities for setting up and supporting businesses, through a dedicated electronic platform managed by the Moroccan Industrial and Commercial Property Office (OMPIC) on behalf of the Government. 
The public authorities have opted for a gradual approach to the launch of this system. This is in line with joint decisions by the Minister of Justice, the Secretary General of the Government, the Minister of Economy and Finance, and the Minister of Industry and Trade. The latter will determine the list of courts involved in setting up companies and carrying out subsequent restrictions electronically. With a view to its gradual implementation, the second paragraph of Article 21 also states that a subsequent decree will be issued to determine the date on which subsequent procedures will begin. This is the case for completing the subsequent restrictions by the authorized representative for companies set up electronically. The same operations will be carried out, but this time for companies created non-electronically.
In order to achieve these goals, the decree approves a set of procedures and technical measures that reflect the nature and specific nature of electronic work, such as the adoption of the principle of exchanging documents and data between the departments and bodies concerned, which means that the people concerned do not have to submit those documents and data to other administrations. This involves filling in a single form, which is equivalent to a request addressed to all the services and bodies involved in the procedure for setting up a business or making changes to its legal status. In this context, it is important to bear in mind the legal responsibility of the applicant regarding the validity of the data and documents provided via the electronic platform.

M.C.