Charikaty
GuidesContact
Legal10 min read10 minVerified by the legal teamVerified

Domiciliation or commercial lease: which registered office should you choose in Morocco in 2026?

For a company's registered office (siège social) in Morocco, domiciliation (Law 89-17) is the most flexible and least expensive solution, at 100 to 500 MAD excluding VAT per month in practice, while the commercial lease (bail commercial) (Law 49-16) offers dedicated premises and the right to renewal after two years of occupancy. Ownership of premises provides maximum stability but requires a significant initial investment; the choice determines the company's cost, flexibility and business image.

Charikaty Legal TeamExperts in Moroccan company law · Published on · Updated on

The essentials in 5 points

In short
  • The registered office determines the territorial jurisdiction of the commercial court (registry of the Commercial Register), the tax office (DGI) and the CNSS branch

  • Domiciliation: written contract with a domiciliation provider registered in the RC (Law 89-17); usual cost of 100 to 500 MAD excluding VAT per month

  • Commercial lease: written and registered contract, governed by Law 49-16 (right to renewal after two years of occupancy, eviction compensation)

  • Ownership: enforceable land title (Law 14-07), notarial deed

  • The registered office is stated in the articles of association, in the Commercial Register and on business documents; any transfer is declared to the DGI within 30 days (Article 149 CGI)

Legal notice:

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.

In all cases, you must provide proof of a genuine address enforceable against third parties: domiciliation is arranged with a domiciliation provider (domiciliataire) registered in the Commercial Register (Articles 544-1 to 544-11 of the Commercial Code), the commercial lease is governed by Law 49-16 on leases of buildings or premises for commercial, industrial or craft use, and ownership is evidenced by a land title or a notarial deed. To find out whether an office is necessary and which supporting documents to provide, see the physical address required to set up a company in Morocco.

02

Domiciliation, commercial lease or ownership: what are the differences?

CriterionDomiciliationCommercial leaseOwnership
Reference textLaw 89-17 (Art. 544-1 to 544-11 of the Commercial Code)Law 49-16Law 14-07 (land registration)
Supporting documentDomiciliation contract and RC extract of the domiciliation providerWritten lease, registered with the DGILand title or notarial deed
CommitmentFixed term, renewableTerm of the leasePermanent
Cost100 to 500 MAD excluding VAT per month in practiceRent, depositPurchase price, notary fees
Business imageStandard to premium depending on the domiciliation providerStrong (own premises)Maximum
Suited toVery small businesses, start-ups, MRE, early-stage projectsGrowing SMEs, physical activityLong-term investment
03

What are the advantages and limitations of domiciliation?

Law No. 89-17 (2019) inserted Articles 544-1 to 544-11 into the Commercial Code, which give domiciliation a clear legal framework:

  • The domiciliation provider (business centre, firm, domiciliation company) must be registered in the Commercial Register and declared to the tax administration
  • The domiciliation contract is written, compliant with the regulatory model, and concluded for a renewable fixed term
  • The parties have reciprocal obligations: the domiciliation provider keeps a file for each domiciled business, forwards mail and informs the registry and the DGI when the contract ends; the domiciled company must register in the RC within 3 months of signing and report any change

Advantages

  • Business address in a business city (Casablanca, Rabat, Tangier)
  • Limited monthly cost (generally 100 to 500 MAD excluding VAT, depending on the city and the services included) compared with a commercial lease
  • Flexibility: no long-term commitment
  • Ideal for start-ups, structured freelancers, companies in the project phase, MRE and subsidiaries of foreign companies that are starting up (see setting up a company in Morocco as a non-resident)

Limitations

  • No physical activity on site (except premium packages including shared offices)
  • Image sometimes weaker than own premises
  • Dependence on the domiciliation provider
04

What does the commercial lease under Law 49-16 provide?

Law No. 49-16 on leases of buildings or premises let for commercial, industrial or craft use replaced the 1955 dahir. It provides in particular for:

  • A written contract, registered with the DGI to give it a certain date (date certaine)
  • The right to renewal for the tenant who can show two consecutive years of occupancy; the law does not set a minimum lease term
  • Commercial ownership (propriété commerciale): eviction compensation if renewal is refused without legitimate grounds
  • The conditions for rent review
  • The rules on notice to quit and termination

Advantages

  • Premises dedicated to the company's activity
  • Legal stability thanks to commercial ownership
  • Strong professional image with customers and suppliers
  • Possibility of developing a business (fonds de commerce) (clientele, passing trade)

Limitations

  • Commitment for the term of the lease and a deposit to be paid
  • Fixed rent and associated charges (maintenance, municipal services tax (taxe de services communaux))
  • Requires administrative authorizations in certain cases (operating authorization, compliance with municipal regulations)
05

Should you buy premises for the registered office?

Buying premises in Morocco involves:

  • Registration with the Land Registry (Conservation Foncière: National Agency for Land Registration, Cadastre and Cartography, ANCFCC) pursuant to Law 14-07
  • Payment of land registry fees
  • Going before a notary (Law 32-09) or an adoul (Law 16-03), depending on the case

This is the option that offers maximum stability, but it requires a significant initial investment.

06

Which supporting document should be attached to the registration file?

Whichever option is chosen, the corresponding supporting document (domiciliation contract with the domiciliation provider's RC extract, registered lease or land title) is attached to the registration file filed with the commercial court registry (greffe du tribunal de commerce) for the place of the registered office, together with the other documents required to register a company in Morocco. The address is then recorded by the DGI (tax identification number, ICE, professional tax (taxe professionnelle)) and by the CNSS. Law 88-17 makes it possible to complete these formalities electronically: with Charikaty, you send your supporting document online and we file the application for you.

07

How do you change the registered office?

Any transfer of the registered office requires:

  • A decision of the competent body: partners representing at least three quarters of the shares in a SARL (Article 75, Law 5-96), an extraordinary general meeting in an SA (Law 17-95), the body provided for in the articles of association in an SAS
  • An amendment to the articles of association published in a legal announcements newspaper and in the Official Bulletin
  • An amending entry in the Commercial Register, with the commercial court of the new registered office in the event of a change of city
  • A declaration of transfer to the DGI within 30 days (Article 149 CGI) and an update with the CNSS

In the event of a transfer to another district, the company falls under a new tax office and updates its file with the competent registry. With Charikaty, the drafting of the deeds, the electronic signature, the filing with the registry and the legal publications are done online; the formalities are detailed in the guide to transferring the registered office to another city.

08

How does Charikaty help you choose your registered office?

Charikaty is a private Moroccan legal-tech platform specializing in online company formation. Here is what you need to establish your registered office: compare domiciliation, lease and ownership according to your activity, then provide the corresponding supporting document. With Charikaty, you do everything online. We help you make this choice, we offer, with our domiciliation provider partners, a solution compliant with Law 89-17 through our domiciliation service, and we support companies that have premises with the drafting of the lease in compliance with Law 49-16. Your supporting document is then included in the registration file that we file with the registry, the DGI and the CNSS. More than 250 companies have already been set up with Charikaty.

09 · FAQ

FAQ: Registered office and options

Is domiciliation legal in Morocco?

Yes, domiciliation is governed by Law No. 89-17, which introduced Articles 544-1 to 544-11 into the Commercial Code: written contract, domiciliation provider registered in the RC, reciprocal obligations.

Does a commercial lease have to be registered?

Yes, registering the commercial lease with the DGI gives it a certain date and makes it enforceable against third parties; the registry requires a registered lease for registration.

Can you use your home as your company's registered office?

Yes, the registered office can be established at the manager's home, subject to town planning rules, the co-ownership regulations and the residential lease, with a supporting document accepted by the registry. This solution generally remains temporary.

What is the minimum term of a commercial lease?

Law 49-16 does not set a minimum term for the commercial lease. The tenant acquires the right to renewal after two consecutive years of occupancy and, in the event of a refusal without stated grounds, is entitled to eviction compensation.

Does domiciliation make it possible to receive official mail?

Yes, the domiciliation provider receives and forwards the mail to the domiciled company in accordance with the terms of the domiciliation contract.

Can an industrial activity be domiciled?

The registered office of an industrial company can be domiciled, but the operations themselves (factory, workshop, restaurant) require actual premises (lease or ownership), declared as an establishment in the Commercial Register and to the DGI. Domiciliation alone is therefore not sufficient for an industrial activity.

Legal Sources

11 texts · 3 official sources · review Oct 2027
Next review: Oct 2027
  • Law No. 89-17 amending and supplementing Law No. 15-95 enacting the Commercial Code (domiciliation: Articles 544-1 to 544-11)

  • Law No. 49-16 on leases of buildings or premises let for commercial, industrial or craft use

  • Law No. 14-07 amending and supplementing the Dahir of 12 August 1913 on land registration

  • Law No. 15-95 enacting the Commercial Code

  • Law No. 53-95 establishing the commercial courts

  • Law No. 5-96 on the SARL and other companies, as amended in particular by Laws 21-05, 24-10 and 21-19

  • Law No. 17-95 on public limited companies, as amended in particular by Law No. 19-20

  • Law No. 19-20 (Dahir No. 1-21-75 of July 2021): amends and supplements Law No. 5-96 to govern the SAS, replacing the former Law No. 17-95 regime

  • Law No. 88-17 on the electronic creation of businesses and support for them

  • Law No. 32-09 on the organization of the notarial profession

  • General Tax Code (Code Général des Impôts, CGI 2026): Article 149 (declaration of transfer of registered office)

Create Your Company with Charikaty

Charikaty offers you a domiciliation solution compliant with Law 89-17 or supports you in drafting your commercial lease in compliance with Law 49-16, then carries out your registration entirely online.

  • 100% online
  • MRE friendly
  • WhatsApp support 24/7WhatsApp support
Charikaty
Lancement et gestion de votre société au Maroc, 100% en ligne. Casablanca · Rabat.
Charikaty est un service privé d'accompagnement à la création et à la gestion d'entreprise, non affilié à une administration publique.
© 2026 Charikaty. Tous droits réservés. · Casablanca, Maroc
WhatsApp · reply in < 15 min