Moroccan partner mandatory: do you need one to set up a company in Morocco in 2026?
No, a Moroccan partner (associé) is not mandatory to set up a company in Morocco, subject to a few sector-specific exceptions: neither the Commercial Code (Code de commerce) nor the company laws impose any nationality condition. Foreigners can own 100% of a SARL (1 to 50 partners, SARL AU if there is a sole partner), a SAS or a SA, and a single foreign partner is enough for a SARL AU or a SAS. All you need is a registered office address in Morocco and a Moroccan bank account.
The essentials in 5 points
In shortMoroccan law does not in any way require a Moroccan partner to set up a company, subject to a few sector-specific exceptions
You can create a 100% foreign SARL (1 to 50 partners, SARL AU if there is a sole partner)
A SARL AU, SAS or SA can have 100% foreign partners
No nationality-based discrimination in the Moroccan Commercial Code (Code de commerce)
Only practical constraints: a registered office (siège social) address in Morocco and a Moroccan bank account
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.
This article dispels this recurring myth and explains how to set up your company entirely with foreigners or on your own, in compliance with Moroccan law.
What does the law say about the nationality of partners?
Moroccan law does not discriminate on the basis of nationality when it comes to setting up companies, subject to a few sector-specific exceptions. Here is what the main texts establish:
Law No. 5-96 (SARL)
Law No. 5-96 on the limited liability company form provides for:
- 1 to 50 partners, SARL AU if there is a sole partner (with no nationality restriction)
- No mention of any obligation to have a Moroccan partner
- Limited liability for all partners, whatever their nationality
Law No. 5-96 as amended and supplemented by Law No. 19-20 (SAS)
Law No. 5-96 as amended and supplemented by Law No. 19-20, which governs the Simplified Joint Stock Company (Société par Actions Simplifiée), provides for:
- One or more partners (with no nationality condition)
- Total flexibility for foreign partners
- Ideal for 100% foreign projects
Law No. 17-95 (SA)
Law No. 17-95 on public limited companies (sociétés anonymes) requires:
- At least 5 shareholders
- No nationality clause
💡 Legal conclusion: There is no legal provision in Morocco requiring a Moroccan partner, subject to a few sector-specific exceptions. This myth often persists through lack of information or through confusion with other countries.
Regulated activities remain subject to their own authorization or approval conditions, which must be checked before formation: see the guide to authorizations and permits to operate in Morocco.
Why does this myth persist?
Several reasons explain the confusion:
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Confusion with other countries: Some Arab countries require local partners (Saudi Arabia, Qatar, Tunisia, etc.), but Morocco does not impose this.
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Old practices: In the past, some consultants recommended having a Moroccan "straw" partner to make the formalities easier. This practice is unnecessary and not recommended.
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Lack of information: Many entrepreneurs wrongly believe that a Moroccan partner is needed to open a bank account or to complete the formalities.
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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).
Which companies can you set up with 100% foreign partners?
Option 1: SARL with foreign partners
You can set up a SARL with 1 to 50 partners (SARL AU if there is a sole partner), all foreigners (the minimum capital for each form is detailed in the guide to minimum capital by company type):
| Aspect | Details |
|---|---|
| Minimum capital | 1 MAD |
| Partners | 1 to 50, SARL AU if there is a sole partner (no Moroccan required) |
| Manager (gérant) | Can be foreign or Moroccan |
| Nationality | 100% foreign allowed |
| Liability | Limited to contributions |
Example: Two French nationals, a Belgian and a Portuguese can together set up 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, set up a SARL AU:
✅ A single partner (can be 100% foreign) ✅ Limited liability ✅ Minimum capital: 1 MAD ✅ Operates in the same way as a standard SARL
Example: A Swedish entrepreneur can set up 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 single partner minimum ✅ Total freedom of operation ✅ Minimum capital: 1 MAD ✅ No complex formalities ✅ Ideal for startups
Example: A group of 3 foreign investors can set up a Moroccan SAS and divide the shares among themselves.
What do you need to set up a company 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, without needing a physical office (see the physical address required to set up a company in Morocco). Options:
- 📍 Business domiciliation (domiciliation commerciale) (law firm, coworking space): 1,200-6,000 MAD/year (100 to 500 MAD excl. VAT per month)
- 📍 Small commercial premises
- 📍 Address provided by Charikaty
2. A Moroccan bank account
Your company must have an account with a Moroccan bank (documents required: see the guide to opening a business bank account in Morocco). To do this:
- Visit to Morocco with passport + proof of domiciliation, OR
- A representative holding a notarized power of attorney can open the account
3. A legal representative
A local representative makes the following easier:
- Signatures with government departments
- Trips to the courts
- Interactions with the tax authorities
Important: This representative is not a partner, but 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 non-resident: see how to set up a company in Morocco as a non-resident)
- A partner
- A Moroccan or foreign third party
What are the advantages of not having a Moroccan partner?
✅ Legal clarity: No confusion about responsibilities ✅ Asset security: Your partners are identified and supervised ✅ Flexibility: Total freedom in management and decisions ✅ Transparency: No potentially problematic "straw 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 formation formalities are identical whether or not there is a Moroccan partner. A legal representative (who is not a partner) can make trips easier, but they do not need to be a partner.
Do Moroccan banks refuse to open an account without a Moroccan partner?
No, Moroccan banks open accounts for foreign-owned companies without requiring a Moroccan partner. You simply need to present the articles of association (statuts), the partners' passports and the proof of domiciliation; as for any company, the bank verifies the identity of the partners and executives and the origin of the funds (Law 43-05 as amended by Law 12-18).
Should I fear nationality problems with the Moroccan administration?
No, subject to a few sector-specific exceptions. The administration complies with the Commercial Code, which imposes no nationality restriction. Thousands of 100% foreign 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 (mandate) acts legally 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, must they be partners (shareholders)?
No, your Moroccan business partners can be customers, suppliers or collaborators without being partners. You have complete freedom in the shareholding structure.
After formation, can I add a Moroccan partner later?
Yes, a Moroccan partner can be added after formation: you can amend the articles of association to admit new partners at any time, whether Moroccan or foreign.
Related articles
How does Charikaty help you set up a 100% foreign company?
Here is what you need to set up a company without a Moroccan partner: one or more partners depending on the chosen form, a registered office address in Morocco, signed articles of association and an application filed with the court registry. With Charikaty, you do everything online: it is the simplest and fastest route.
Charikaty demystifies the formalities of setting up a company in Morocco. You do not need a Moroccan partner, and we explain this to you based on the legal texts.
Law No. 88-17 allows companies to be created electronically: with Charikaty, everything is done online, from the OMPIC negative certificate (certificat négatif) to the electronic signature of the articles of association (Law 43-20), through to the filing of the application with the commercial court registry (greffe du tribunal de commerce) and the legal publications, with no travel. Discover our online SARL formation service.
With Charikaty, setting up a SARL in Morocco costs from 4,550 MAD including VAT, official fees included, and is done entirely online. More than 250 companies have already been set up with Charikaty.
Our team of experts guides you through every step, answering your specific questions and ensuring a formation that complies with Moroccan law.
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