What is a negative certificate in Morocco in 2026?
The negative certificate (certificat négatif) is the official certificate from OMPIC (Moroccan Office of Industrial and Commercial Property, Office Marocain de la Propriété Industrielle et Commerciale) confirming that no company is registered in the central commercial register (registre central du commerce) under the name you wish to use. Mandatory to register a company in the Commercial Register, it costs 232.76 MAD online and remains valid for 90 days. With Charikaty, it is obtained online in about 24 hours (indicative timeframe), as part of your company formation.
The essentials
In shortThe negative certificate is the OMPIC document confirming the availability of your company name (dénomination sociale), your trade name (nom commercial) or your business sign (enseigne). Without it, you cannot register your company in the Commercial Register (Registre du Commerce, RC) under Article 74 of the Commercial Code (Code de commerce). It costs 232.76 MAD online and remains valid for 90 days. It is the first step in protecting your name, before registration (immatriculation) and, where applicable, trademark filing.
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.
What is the negative certificate and what is its legal basis?
What exactly is a negative certificate?
The negative certificate (also called "availability certificate", attestation de disponibilité) is an official document issued by OMPIC certifying that:
- No company is registered in the central commercial register under the company name, trade name or business sign you are requesting
- No name so similar as to cause confusion appears in it
- The name is reserved for you for 90 days, while the company is being registered
The negative certificate does not amount to a trademark prior-rights search (recherche d'antériorité): also check OMPIC's trademark database before making a final choice of name.
What does the negative certificate contain?
The negative certificate states:
- The applicant's identity: name and identity document
- The chosen company name: exactly as it must appear in the articles of association
- The declared legal form and business activity
- The date of issue, which starts the 90-day period of validity
- The OMPIC references of the certificate, which make it possible to verify its authenticity
Legal basis
OMPIC, a public institution created by Law 13-99, keeps the central commercial register and issues the negative certificate. Under Article 74 of the Commercial Code (Law 15-95), this certificate is mandatory for:
- Entering any company name, trade name or business sign in the Commercial Register
- Registering any company (SARL, SARL AU, SAS, SA)
A sole trader (natural person) only needs one when trading under a trade name or business sign different from their surname; the auto-entrepreneur (self-employed status) is not concerned.
Law 88-17 allows the formation formalities to be completed electronically; the negative certificate remains one of the documents in the registration file.
Negative certificate or registration: what is the difference for your name?
Negative certificate
| Feature | Details |
|---|---|
| Definition | Certificate that the name is not entered in the central commercial register |
| Issued by | OMPIC, on request |
| Validity | 90 days |
| Protection | Temporary: name reserved for the period of validity |
| Cost | 232.76 MAD online |
| Timing | Before the final drafting of the articles of association (statuts) and registration |
Name reservation (registration)
| Feature | Details |
|---|---|
| Definition | Entry of the company name in the Commercial Register |
| Issued by | Commercial court registry (greffe du tribunal de commerce), upon registration |
| Validity | Permanent, as long as the company exists |
| Protection | Lasting: no company can be registered under an identical name; the trade name is protected against uses that create confusion (Law 17-97) |
| Cost | Included in the registration fees (about 1,200 MAD in registry fees) |
| Timing | Within the 90 days following the negative certificate |
💡 Important distinction: The negative certificate is a preliminary step; registration is the final recording of the name in the Commercial Register. The trademark (logo, slogan, sign used with customers) requires a separate trademark filing with OMPIC, protected for 10 years, renewable. To find out what the negative certificate does and does not protect against a trademark, see our dedicated comparison.
What is the negative certificate used for?
1. Protecting your business identity
The negative certificate ensures that:
- No other company is registered under this name at the time of the application
- You have the document required for registration
- The name is reserved for you for 90 days
2. Opening the capital deposit account
The bank asks for the negative certificate, together with the draft articles of association, to open the account used for the share capital deposit. This deposit is mandatory for an SA and, for an SARL, only if the capital exceeds 100,000 MAD (Law 5-96, Art. 51).
3. A mandatory step for the registry
Article 74 of the Commercial Code requires the negative certificate to enter a company name in the Commercial Register. Without this document, the commercial court registry cannot register the company.
4. Anticipating problems
Obtaining the certificate before drafting the articles of association spares you a registration refusal, conflicts with companies bearing a similar name and costly additional delays.
How do you obtain the negative certificate and how much does it cost?
Step 1: Choose your name
Before applying, make sure your name complies with Moroccan legal criteria (no reserved or misleading terms, or terms contrary to public order), is accompanied by the legal form (SARL, SARL AU, SAS, SA) and is distinctive and original. These rules for choosing your company name are detailed in our dedicated guide.
Step 2: Check the databases
💡 Tip: First check OMPIC's public databases (company names and trademarks) free of charge on the OMPIC website, following our method to check that a company name is available before reserving it.
Step 3: Submit the official application
Available options:
| Channel | Usual turnaround | Cost |
|---|---|---|
| Online (OMPIC online services) | Generally 24 to 48 hours | 232.76 MAD |
A single application may include up to three names in order of preference; only one certificate is issued. With Charikaty, the application is filed online for you as part of your company formation, and the certificate is obtained in about 24 hours (indicative timeframe, depending on OMPIC).
Step 4: Receive the certificate
The certificate is delivered to you in electronic form, downloadable from your online account.
Documents required
To apply for a negative certificate, prepare:
- A copy of your identity document (CIN national identity card, passport or residence card)
- The application form: proposed name(s), legal form, business activity, city of the registered office
- Payment of the fees (bank card online)
No proof of address or draft articles of association is required. The application may be written in French or Arabic, without a certified translation; the company name is entered exactly as you wrote it. A Moroccan living abroad (MRE) or a non-resident can file the application from abroad.
How long is the negative certificate valid?
Period of validity
The negative certificate remains valid for 90 days from the date of issue. After this period:
- It can no longer be used for registration
- You must file a new, paid application
- The name becomes available again and may be reserved by a third party
Why can OMPIC refuse a negative certificate?
OMPIC refuses a negative certificate if the name is identical or similar to a company name already registered, to the point of creating confusion, if it contains terms reserved for regulated activities ("bank", "insurance") without the corresponding approval or references to the State and public institutions without authorization, if it uses words contrary to public order or morality, or if it is misleading as to your actual business activity.
In case of refusal, you can change the name and file a new application, or challenge the refusal through administrative remedies; proposing several names in order of preference from the outset limits this risk. The grounds for refusing a name and the solutions if the name is already taken are detailed in our guide on name reservation.
How does Charikaty obtain your negative certificate?
To obtain the negative certificate, you need an identity document, one to three proposed company names, the legal form, the business activity and the city of the registered office; with Charikaty, you do everything online, without travel. We obtain your negative certificate from OMPIC in about 24 hours (indicative timeframe, depending on OMPIC) and handle your entire company formation, online as permitted by Law No. 88-17: electronically signed articles of association, filing of the application with the commercial court registry within the certificate's period of validity, then delivery of your Commercial Register extract and your identifiers.
Discover our online SARL formation service, which includes the negative certificate application. More than 250 companies have already been set up with Charikaty.
FAQ: Frequently Asked Questions
Is the negative certificate free?
No. The negative certificate costs 232.76 MAD in official OMPIC fees online, plus the payment operator's fees. Professional fees are added if you entrust the procedure to a service provider.
Can you set up a company without a negative certificate?
No. The commercial court registry cannot register a company without a negative certificate (Article 74 of the Commercial Code).
How long does it take to obtain the negative certificate?
The negative certificate is generally issued within 24 to 48 hours for an online application, with no guaranteed official timeframe. With Charikaty, allow about 24 hours (indicative timeframe).
Does the negative certificate reserve the name permanently?
No. During the 90 days of validity of the negative certificate, OMPIC does not issue a certificate for the same company name, even if a third party applies for it before your registration. Lasting protection comes with registration in the Commercial Register; after expiry, the name becomes available again.
Can you apply for a negative certificate for several names at once?
A single negative certificate application may include up to three proposals in order of preference, but only one certificate is issued. Reserving several names requires several paid applications.
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