Congo-DRC Info
Joined: 23 Feb 2007
Posts: 13
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 Posted: Tue Mar 13, 2007 11:13 am Post subject: DOING BUSINESS IN D.R. CONGO / D.R. CONGO BUSINESS GUIDE |
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DOING BUSINESS IN D.R. CONGO
STARTING A BUSINESS
STANDARDIZED COMPANY
Legal Form: Société Privée à Responsabilité Limité, SPRL
Minimum Capital Requirement: 100,000
City: Kinshasa
Registration Requirements:
Procedure 1. Obtain a certificate confirming headquarters location
Time to complete: 7 days
Cost to complete: CDF 1000
Comment: The "Certificate Confirming headquarters location" is an administrative document traditionally required by the public notary of Kinshasa before notarisation of the company's statutes and its registration. This is to avoid the notarization of fictive or non-existent companies. This document is provided by the Municipality of Kinshasa.
Procedure 2. Notarisation of the Articles of Association
Time to complete: 14 days
Cost to complete: USD 10 per document, assuming 5 documents
Comment: The law requires that the Company's Statutes signed by the Founders be notarised by a public notary before registration with the Commercial Registry. A confirmation certificate of deposited document obtained from the notary must be annexed to the file.
Procedure 3. Obtain extracts of the criminal record (gérant) of the first directors
Time to complete: 3-7 days
Cost to complete: CDF 7,500 for each national
Comment: The criminal record is obtained from the criminal police of the judicial inspection department of the tribunal.
Procedure 4*. Obtain a certificate of residency
Time to complete: 3-7 days (simultaneous with procedure 3)
Cost to complete: CDF 2000
Comment: This document is only required from the founder who is to be the manager of the Company. The other founders are not required to provide such document.
Procedure 5*. Obtain a document certifying that the Founder/Manager is not a public Servant "attestation de non fonctionnaire"
Time to complete: 3-7 days (simultaneous with procedure 3)
Cost to complete: CDF 1000
Comment: This document is delivered by the local administrative authorities and certifies that the founder to manage the company is not a judge, a public servant or spouse to the same. Only the Founder to be Manager is required to provide this certificate.
Procedure 6. Register with the Commercial Registry
Time to complete: 15 days
Cost to complete: USD 175 (if all founders are nationals) + FC1,000
Comment: * a letter addressed to the divisional clerk of the Court of First Instance "Tribunal de Grande Instance".
The following documents need to be files:
* copy of the identity card or the passport
* one certificate of non-civil servant
* one certificate of residence
* one specimen of signature in two or three samples
* a declaration of conformity to law dated and signed by each one of founders
F.C.1,000 is the price for the Company Registration Form of the New Commercial Registry 'nouveau registre de commerce'. It is only once registration has been made that the company acquires its own separate legal personality.
Procedure 7. Publication of the company's statutes in the official journal
Time to complete: 90-180 days
Cost to complete: CDF 100 per line
Comment: The clerk of the court "Tribunal de Grande Instance" will send a notice to the official journal for the publication of the company's statutes.
Procedure 8. Obtain a national identification number from the Ministry of Economy
Time to complete: 30 -90 days
Cost to complete: USD 230
Comment: This formality is imposed by Article one of the ordinance no. 73/236 of August 13, 1973. The time to obtain the national identification number has been reduced as the Minister has delegated his authority to issue the number to the Secretary General of the Ministry, who has expedited the process.
Procedure 9. Register the Company for Tax with the Direction Générale des impots
Time to complete: 7 days
Cost to complete: no charge
Comment: It is compulsory to register the new company with the Direction Générale des Impots to notify it of the company's legal existence and in preparation after the obtain the national identification number. This formality is done by sending a formal letter to the above agency.
Procedure 10. Declare the establishment of the company With the Inspectorate of Labour (l'Inspection du Travail) and the National Office of Employment (l'Office National de l' Emplois)
Time to complete: 30 days
Cost to complete: no charge
Comment: Article 216 of the labour code stipulates that any physical or legal person that is planning to exercise any kind of activity that requires the hiring of workers should notify the Labour Inspection department and the national bureau of employment within 15 days following the start of business. The declaration is filed in a single form with one specimen sent to the Inspectorate of Labour and another two to the Office of Employment.
Procedure 11. Receive inspection by the inspection officials from the Ministry of Labour
Time to complete: 1 day
Cost to complete: no charge
Comment: After the declaration of opening of the company, the Ministry can send inspectors to check if the company is conformed with the employment legislation.
Procedure 12. Register with the National Institute for Social Security
Time to complete: 7 days
Cost to complete: no charge
Comment: Registering for social security is a requirement stipulated in Article 4 of the ministerial decree no. 2/61 of August 16, 1961.
Procedure 13. Make a Company Seal
Time to complete: 7 days
Cost to complete: CDF 10000
Comment: A seal is not legally obligatory but widely used by almost all companies.
Note: Procedures sometimes take place simultaneously. Instances of this are marked with an asterisk (*).
TAXATION
In the mid-1990s, personal income was taxed progressively, with a 50% ceiling on total payable tax. The corporate tax rate was 50% of taxable profits. Profits of branches of foreign corporations were subject to the same rate of taxation. There was also a 3–30% sales tax on imports, exports, local manufactured goods, construction works, local services, and imported services. An employment tax of 33% was imposed on services by foreigners. Other taxes included an educational tax, property tax, and a transfer tax. |
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