Do I need a Moroccan partner to create a company in Morocco in 2026
You keep asking yourself this recurring question: Is it absolutely necessary to have a Moroccan partner to create a company in Morocco? The answer is clear and legal: No, you do not need a Moroccan partner. This article dispels this myth and explains how to create your company entirely with foreigners, or on your own, while complying with Moroccan law.
In summary:
- Moroccan law in no way requires a Moroccan partner to create a company
- You can create a 100% foreign-owned SARL (with a minimum of 2 partners)
- A SARL AU, SAS or SA can have 100% foreign partners
- No discrimination based on nationality in the Moroccan Commercial Code
- The only restriction: a registered office address in Morocco is required
The legal framework: no nationality requirement
Moroccan law does not discriminate on the basis of nationality when it comes to creating companies. Here is what the main texts establish:
Law No. 5-96 (SARL)
The Law No. 5-96 on the form of limited liability companies provides:
- A minimum of 2 partners (with no nationality restriction)
- No mention of any obligation to have a Moroccan partner
- Limited liability for all partners, whatever their nationality
Law No. 19-20 (SAS)
The Law No. 19-20 on the Simplified Joint-Stock Company stipulates:
- One or more partners (with no nationality condition)
- Total flexibility for foreign partners
- Ideal for 100% foreign projects
Law No. 17-95 (SA)
The Law No. 17-95 on public limited companies requires:
- A minimum of 5 shareholders
- No nationality clause
💡 Legal conclusion: There is no legal provision in Morocco requiring a Moroccan partner. This myth often persists through lack of information or through confusion with other countries.
Why does this myth persist?
Several reasons explain the confusion:
-
Confusion with other countries: Some Arab countries require local partners (Saudi Arabia, Qatar, Tunisia, etc.), but Morocco does not impose this.
-
Old practices: In the past, some consultants recommended having a Moroccan "straw-man" partner to ease the formalities. This practice is unnecessary and not recommended.
-
Lack of information: Many entrepreneurs wrongly believe that a Moroccan partner is necessary to open a bank account or to sort out the formalities.
-
Practical needs confused with legal requirements: It is true that you need a Moroccan address and sometimes a local representative (this is not a partner, it is an administrative function).
The options for 100% foreigners
Option 1: SARL with a minimum of 2 foreign partners
You can create a classic SARL with 2 to 50 partners, all foreign:
| Aspect | Details |
|---|---|
| Minimum capital | 1 MAD |
| Minimum partners | 2 (no Moroccan required) |
| Manager | Can be foreign or Moroccan |
| Nationality | 100% foreign allowed |
| Liability | Limited to contributions |
Example: Two French nationals, a Belgian and a Portuguese can together create a Moroccan SARL without any Moroccan partner.
Option 2: SARL AU (single-member) — On your own with 1 partner
If you are on your own, create a SARL AU:
✅ A single partner (can be 100% foreign) ✅ Limited liability ✅ Minimum capital: 1 MAD ✅ Operates identically to the classic SARL
Example: A Swedish entrepreneur can create a Moroccan SARL AU alone, without a Moroccan partner.
Option 3: SAS (Simplified Joint-Stock Company) — Maximum flexibility
The SAS is perfect for 100% foreign projects:
✅ A minimum of one partner ✅ Total freedom of operation ✅ Minimum capital: 1 MAD ✅ No complex formalities ✅ Ideal for startups
Example: A group of 3 foreign investors can create a Moroccan SAS and divide the shares among themselves.
What you actually need (without a Moroccan partner)
Although you do not need a Moroccan partner, certain practical elements are essential:
1. A Moroccan address for the registered office
You must provide an address in Morocco. Options:
- 📍 Commercial domiciliation (law firm, coworking space): 1,000-2,500 MAD/year
- 📍 A small commercial premises
- 📍 An address provided by Charikaty
2. A Moroccan bank account
Your company must have an account with a Moroccan bank. To do so:
- A visit to Morocco with a passport + proof of domiciliation, OR
- A representative holding a notarized power of attorney can open the account
3. A legal representative (optional but recommended)
A local representative makes the following easier:
- Signatures with the administrations
- Trips to the courts
- Interactions with the tax authorities
Important: This representative is not a partner; they are an agent acting on your behalf.
4. A manager
The SARL must have at least one manager. Options:
- Yourself (even if you are a foreigner and a non-resident)
- A partner
- A third party, Moroccan or foreign
The advantages of not having a Moroccan partner
✅ Legal clarity: No confusion over responsibilities ✅ Asset security: Your partners are identified and supervised ✅ Flexibility: Total freedom in management and decision-making ✅ Transparency: No potentially problematic "straw-man" partner ✅ Legal compliance: You follow the law rather than informal practices
FAQ
Does a Moroccan partner really simplify the administrative formalities?
No — this is a myth. The formalities are identical whether or not there is a Moroccan partner. A legal representative (who is not a partner) can make travel easier, but there is no need to be a partner for that.
Do Moroccan banks refuse to open an account without a Moroccan partner?
No, Moroccan banks open accounts for foreign-owned companies without restriction. You simply need to present the articles of association, the partners' passports and the proof of domiciliation.
Should I fear nationality issues with the Moroccan administration?
Absolutely not. The administration applies the Commercial Code, which imposes no nationality restriction. Thousands of 100% foreign-owned companies operate legally in Morocco.
What is the difference between a partner and a representative?
A partner invests in the company and owns shares. A representative (agent) legally acts on your behalf for the formalities but has no ownership rights. A representative does not need to be a partner.
If I have Moroccan business partners, do they have to be shareholders?
No, your Moroccan business partners can be clients, suppliers or collaborators without being shareholders. You have complete freedom in structuring your shareholding.
Is it easier to create an SAS rather than a SARL for foreigners?
The SAS is often better suited for foreigners because it offers more flexibility and accepts a single partner. The SARL requires a minimum of 2 partners, but the SARL AU (single-member) is a good alternative.
After formation, can I add a Moroccan partner later on?
Yes, absolutely. You can amend the articles of association to welcome new partners at any time, Moroccan or foreign.
Create Your 100% Foreign-Owned Company in Morocco with Charikaty
Charikaty demystifies the company formation formalities in Morocco. You do not need a Moroccan partner, and we explain it and attest to it with legal documents.
Our team of experts guides you through every step, answering your specific questions and guaranteeing a formation compliant with Moroccan law.
📞 +212 6 10 03 37 32 | WhatsApp 24/7 👉 Create My 100% Foreign-Owned Company Now
Legal Sources
- Law No. 5-96 on the form of limited liability companies (no nationality clause)
- Law No. 19-20 on the Simplified Joint-Stock Company
- Law No. 17-95 on public limited companies
- Moroccan Commercial Code (articles on commercial companies)
- Dahir No. 1-96-75 promulgating Law No. 5-96
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