Electronic signature in Morocco: what does Law 43-20 say in 2026?
In Morocco, the electronic signature is governed by Law 43-20 on trust services for electronic transactions, which replaces the provisions of Law 53-05 and distinguishes three levels: simple, advanced and qualified. A signature cannot be denied legal effect or admissibility in court solely on the grounds that it is electronic (Article 7), and the qualified signature, with qualified time-stamping, has the evidential force of a deed with a legalized signature (Article 417-3 of the DOC). Certificates are issued by trust service providers (prestataires de services de confiance) approved by the DGSSI and are generally valid for 1 to 3 years.
The essentials
In shortLaw 43-20 governs three levels of electronic signature: simple, advanced and qualified. The advanced signature (signature électronique avancée), based on a certificate from a DGSSI-approved provider, is admissible and produces its legal effects; it is the recommended level for company deeds. With a valid certificate, you can sign your articles of association electronically and set up your company entirely online.
the information provided in this article is for information purposes only and does not constitute personalized legal advice. We recommend that you consult a qualified legal expert before making any decision. Charikaty provides experts to support you: contact us for free advice.
Combined with Law 88-17 on the electronic creation of companies, the electronic signature makes it possible to incorporate a company without any travel. Here is what the law says; with Charikaty, you do everything online, from the certificate to the signing of the articles of association (statuts).
What is an electronic signature?
Legal definition
The electronic signature is a reliable electronic identification process linked to the signed deed. Under Law 43-20 on trust services for electronic transactions (which replaces the provisions of Law 53-05 relating to the electronic signature), it cannot be denied legal effect or admissibility in court solely on the grounds that it is electronic (Article 7).
Moroccan legal framework
| Legal text | Content |
|---|---|
| Law 43-20 | Signature, seal, time-stamping, electronic registered delivery, approved providers |
| DOC, Articles 2-1 and 417-3 (amended by Law 43-20) | Evidential value of the electronic signature, excluded deeds |
| Law 88-17 | Electronic creation of companies |
| Regulatory texts, DGSSI | National authority, technical standards, approvals |
Types of electronic signature
Law 43-20 recognizes three levels:
| Type | Characteristic | Legal validity |
|---|---|---|
| Simple | Identification process linked to the deed (Art. 2) | Admissible; evidential value assessed by the judge |
| Advanced | Unique to the signatory, under their sole control, based on a certificate, any modification detectable (Art. 5) | Admissible and producing effect (Art. 7) |
| Qualified | Advanced, with a qualified device and certificate from an approved provider (Art. 6) | With qualified time-stamping, evidential force of a deed with a legalized signature (acte à signature légalisée) and with a certain date (DOC Art. 417-3, as amended by Art. 76 of Law 43-20) |
For company formation in Morocco, the advanced electronic signature is sufficient; the qualified signature is not mandatory.
Other trust services
Law 43-20 also organizes the electronic seal (cachet électronique) (Art. 13 et seq.), the equivalent of the signature for legal persons, whose qualified version benefits from a presumption of the integrity of the data and of the accuracy of their origin (Art. 15); it does not replace the signature of the natural persons acting on their behalf. It also governs electronic time-stamping, whose qualified version is presumed accurate as to date and time (Art. 24), electronic registered delivery and website authentication.
Is an electronic signature equivalent to a handwritten signature?
Legal equivalence
Under Law 43-20 and the DOC, the electronic signature is accepted in the same way as the handwritten signature, with evidential force depending on its level:
| Aspect | Handwritten signature | Electronic signature |
|---|---|---|
| Legal recognition | Yes | Yes (Art. 6 and 7, Law 43-20) |
| Evidential force | Private deed (acte sous seing privé) | Advanced: private deed; qualified: deed with a legalized signature (DOC Art. 417-3) |
| Contestability | Possible | Possible; stronger presumption for the qualified signature |
| Documents concerned | All | All, except the DOC exceptions (Art. 2-1) |
Advantages of the electronic signature
✅ Speed: immediate signature, with no travel or legalization ✅ Security: full traceability, guaranteed integrity ✅ Legality: recognized by Law 43-20 ✅ Durability: permanent digital archive ✅ Convenience: accessible from Morocco or abroad (MRE) ✅ Accessibility: suitable for people with reduced mobility
What is an electronic certificate and how do you obtain one?
What is an electronic certificate?
An electronic certificate is a digital file that attests your identity when you sign: the digital equivalent of your identity document.
Obtaining an electronic certificate in Morocco
Competent authorities:
- DGSSI (General Directorate of Information Systems Security, Direction Générale de la Sécurité des Systèmes d'Information): national authority that approves providers (approval conditions set out in Article 33 of Law 43-20), supervises them and publishes their list
- Approved providers: verify your identity and issue certificates (natural and legal persons)
Types of certificates
| Type | Issuer | Cost | Use |
|---|---|---|---|
| Advanced (natural person) | Approved provider | Provider's rate | Articles of association, powers of attorney, company deeds |
| Qualified (natural person) | Approved provider, qualified device | Provider's rate | Deeds with enhanced evidential force |
| Seal (legal person) | Approved provider | Provider's rate | Documents issued by the company |
Procedure for obtaining one
Step 1: Preparing the documents
- Valid CIN or passport
- Proof of address, if the provider requires it
- Completed certificate application
Step 2: Identity verification
- In person or by equivalent remote identification
- Check of the identity document
Step 3: Creation of the certificate
- Generation of the certificate and assignment of a PIN code
- Secure medium (cryptographic token, smart card or remote signature)
Step 4: Activation
- Certificate activated, PIN provided confidentially
- Timeframe: from 24 hours to a few days
Costs and validity: set by each provider, in the region of a few hundred dirhams per year, for a certificate generally valid for 1 to 3 years. With Charikaty, obtaining the certificate is built into the formation process.
Managing the certificate
⚠️ Essential security rules:
✅ Keep the certificate medium safe ✅ Memorize your PIN (never disclose it) ✅ Renew before expiry ✅ Revoke in the event of loss or compromise
What security requirements does Law 43-20 impose?
Security requirements
Law 43-20 imposes strict requirements:
| Criterion | Requirement |
|---|---|
| Link with the signatory | Signature unique to the signatory and making it possible to identify them (Art. 5) |
| Sole control | Signature data under the sole control of the signatory (Art. 5) |
| Integrity | Any subsequent modification detectable (Art. 5) |
| Certificate and device | Certificate from an approved provider (Art. 9); qualified device certified by the national authority (Art. 8) |
| Time-stamping | Qualified time-stamping presumed accurate (Art. 24) |
| Technical standards | Set by regulation and by the DGSSI |
Legal validity of electronically signed documents
Electronically signed contracts and deeds: ✅ Cannot be refused solely on the grounds that they are electronic (Art. 7) ✅ Enforceable against the parties and third parties like a paper document ✅ Admissible as evidence in court
Exceptions (DOC, Article 2-1): ❌ Deeds relating to the application of the Family Code (Code de la famille) ❌ Private deeds relating to personal or real securities, except those drawn up for the purposes of a profession ❌ Deeds subject to the authentic form, such as the contribution of registered real estate (Law 14-07)
For company formation: ✅ fully legal and recommended
Who are the approved trust service providers?
Approved trust service providers
- Approved and supervised by the DGSSI, which publishes the trusted list
- Issue signature certificates, electronic seals and time-stamping
- Variable rates and media
The online public services (OMPIC for the negative certificate and trademarks, the DGI's SIMPL and the CNSS's DAMANCOM for online tax and social security returns, the commercial court registry for the Commercial Register) are distinct from trust service providers: their role is presented in our overview of online services for setting up a company in Morocco.
What does Law 43-20 change for setting up a company online?
To set up a company electronically (Law 88-17), the articles of association and powers of attorney are signed electronically, with each signing partner (associé) holding their own certificate; for a paper-based formation, a legalized handwritten signature is sufficient. The practical process is explained in our guide to signing the articles of association electronically in Morocco, and the remote steps, from the negative certificate (certificat négatif) to the Commercial Register (RC) extract, in setting up a company 100% online in Morocco.
The public fees (negative certificate, court registry, legal publications) remain identical to those of a paper-based formation, as detailed in the cost of setting up a company in Morocco, and the electronic route avoids a notary, legalizations and travel when an authentic deed (acte authentique) is not required, as shown by the comparison between setting up a company online or with a notary. However, it does not exempt you from the notarial deed for the contribution of registered real estate (Law 14-07), nor from the sector approval required for activities subject to authorization such as banking, insurance or health.
How does Charikaty simplify the electronic signature?
To sign your deeds electronically, you need a certificate from a DGSSI-approved provider, articles of association ready to sign and a proper filing. With Charikaty, you do everything online. A private Moroccan legal-tech platform, Charikaty prepares the file, arranges for the certificate to be obtained, has the deeds signed by each partner, wherever they are, files the application with the registry and follows up on the assignment of identifiers (DGI) and CNSS affiliation; official deeds are still issued by the authorities. Discover our online SARL formation service, accessible from Morocco as well as from abroad. More than 250 companies have already been set up with Charikaty.
FAQ: Frequently Asked Questions
Which law governs the electronic signature in Morocco?
The electronic signature is governed by Law No. 43-20 on trust services for electronic transactions, which replaces the provisions of Law 53-05 relating to the electronic signature. It also amended Articles 2-1 and 417-3 of the DOC on evidential value.
What are the three levels of electronic signature?
Law 43-20 distinguishes the simple, advanced and qualified signature. The advanced signature is admissible and produces its legal effects; the qualified signature, with qualified time-stamping, gives the deed the evidential force of a deed with a legalized signature (Art. 417-3 of the DOC).
Does an electronic signature have the same value as a handwritten signature?
Yes: under Law 43-20 and the DOC, the electronic signature is accepted in the same way as the handwritten signature and cannot be refused solely on the grounds that it is electronic (Article 7). Its evidential force depends on its level: that of a private deed for the advanced signature, and that of a deed with a legalized signature for the qualified signature combined with qualified time-stamping (DOC Art. 417-3).
Is a simple electronic signature valid for signing articles of association?
A simple electronic signature is admissible, but its evidential value is left to the judge's assessment. For the articles of association, use the advanced signature.
Where can you obtain an electronic certificate in Morocco?
An electronic certificate is obtained from a trust service provider approved by the DGSSI, which publishes the list of such providers, or via the Charikaty formation process.
How much does an electronic certificate cost and how long is it valid?
The rate for an electronic certificate is set by each approved provider, in the region of a few hundred dirhams per year depending on the level and the medium. It is generally valid for 1 to 3 years depending on the provider and must be renewed before it expires.
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