COMPANY CREATION

SERVICES

Company Incorporation

As per the provisions of Article 6 of the Uniform Act of 30 January 2014 relating to the law on profitable or commercial companies and economic interest grouping, the legal forms of companies recognized in the DRC are as follows:

Establishment (or sole proprietorship or individual trader);
The Limited Liability Company (SARL);
The Public Limited Company (SA);
The Simplified Joint Stock Company (SAS);
Collectively Owned Company (SNC);
The Limited Partnership (SCS);
The Economic Interest Grouping (EIG).

Whoever would like to start his company in the DRC saves time by contacting the Smart Lawyer DRC for business creation, company articles documents drafting, bank account opening and other regulatory approval.

I. Documents to be provided to Smart Lawyer DRC.

Engagement letter of request for the creation of a company addressed to Smart Lawyer DRC;
Smart Lawyer will prepare articles of Association of the company in 4 copies + the electronic version of the articles of association for publication in the Official Journal;
Specimen of the manager’s signature (plus the photocopy of the validity of the visa in case the manager is a foreigner);
Declaration of subscription to and payment of the share capital;
Share Capital amount must be sent to smart lawyer to make deposit on behalf of the client and present a proof of payment of the share capital (Paying-in slip or Certificate issued by a banking or micro-finance institution duly approved in the State Party of the registered office). For the Limited Liability Company (SARL), there is no requirement for the amount of the minimum capital even though the nominal value of the contributions should not be less than the equivalent of FCFA 5,000 each (USD 10).
For the Public Limited Company (SA), the share capital should be the equivalent of at least 10,000,000 FCFA (USD 20,000) when it does not go public and 100,000,000 FCFA (USD 200,000) otherwise. In addition to this amount of share capital, in accordance with Congolese tax legislation, a proportional duty of 1% of the value of the share capital (at the creation, and possibly at the increase of the share capital or the extension of the duration of the company) is added.
Special POA (Power of Attorney) gives Smart Lawyer the right and power to act on behalf the client for the purpose of company incorporation.

Smart lawyer will present proof of payment of administrative fees.

II. Documents provided to clients

Acknowledgement of receipt for company registration;
Collection note from the General Directorate of State Revenue and Participation (DGRAD);
Articles of Association and Notarial Deeds;
Trade and Personal Property Credit Register (RCCM);
Deed of deposit;
National Identification No;
Tax No. Directorate General of Taxes, DGI;
INPP No.;
CNSS No.;
Certificate of registration from the National Employment Office (ONEM).
Acknowledgement of receipt of the environment.