Morocco
Corporate Guide
What are the different types of companies that can be incorporated in Morocco?
A company can be created under several legal structures, namely:
- Partnership (société en nom collectif – SNC)
- Limited partnership (société en commandite simple – SCS)
- Partnership limited by shares (société en commandite par actions – SCA)
- Simplified joint stock company (société par actions simplifiée – SAS)
- Limited liability company (société à responsabilité limitée – SARL)
- Joint stock company (société anonyme – SA)
- Economic interest groups (groupement d’intérêt économique – GIE)
The different types of companies outlined above are classified either as partnerships (SNC and SCS) or corporations (SA, SAS and SCA). The SARL is a form of company that bridges the gap between partnerships and corporations.
In partnerships, the partners must be qualified as merchants (except for the limited partners in an SNC) and are indefinitely and jointly held liable for the company's debts.
In corporations, shareholders are not required to be merchants and are held liable only to the extent of their participation.
The SARL is similar to a corporation in that the partners and managers are not required to be merchants. Also, the partners are held liable only up to the amount of their capital participation. The SARL is also similar to the partnerships in that the personality of the partners is taken into consideration in terms of number of partners, transfer of shares, etc.
The GIE can be defined as a collaboration vehicle between existing companies. It can only be formed between legal entities and engages the joint and indefinite liability of its members.
Other differences can be observed in terms of the operating procedures of the various types of companies.