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Joined: 23 Feb 2007
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PostPosted: Mon Mar 05, 2007 2:33 am    Post subject: DOING BUSINESS IN MALI / MALI BUSINESS GUIDE Reply with quote

DOING BUSINESS IN MALI

STARTING A BUSINESS

STANDARDIZED COMPANY
Legal Form: Société à Responsabilité Limitée (SARL) - Limited Liability Company
Minimum Capital Requirement: 1,000,000
City: Bamako

Registration Requirements:

Procedure 1. Deposit the initial capital with a bank or a notary and obtain the certification.


Time to complete: 1 day

Cost to complete: no charge

Comment: Deposit can also be made with a notary.

Procedure 2. Obtain a certificate of criminal record.

Time to complete: 7 days

Cost to complete: FCFA 1500 (included in 3 procedures)

Comment: The manager of the SARL must submit two copies of his judiciary files. A birth certificate is not needed. It is sufficient for each shareholder to provide to the notary a photocopy of his/her identity card.

Procedure 3. Notarise by-laws and pay the registration fee at the notary.

Time to complete: 1 day

Cost to complete: FCFA 250,000 (including notary fee +FCFA 6000 registration fee and FCFA 1500 /page stamp duty).

Comment: A notary is required by law to be hired by a company. The registration fee was scheduled as follows: FCFA 30,000 registration fee, which is 2% of capital up to FCFA 250,000,000, 1% of capital between FCFA 250,000,000 and FCFA 500,000,000, 0.5% on capital above FCFA 500,000,000.

Procedure 4. Apply for publication of a notice of the formation of the company

Time to complete: 2-3 days for publication in a legal journal, 21 days in the official gazette

Cost to complete: FCFA 20000 (included notary fees)

Comment: The notary arranges the publication.

Procedure 5. Pay professional tax ("la patente") at the Direction Nationale des Impots.

Time to complete: 1 day

Cost to complete: FCFA 125000

Procedure 6. Purchase legal stamps at the Tresor for the Authorization to operate, application for the Impots (Taxes), application for the Tribunal de Commerce, application for the Statistical office, proof of payment of the "patente".

Time to complete: 1 day

Cost to complete: FCFA 3750

Comment: A stamp is FCFA 750 per page. 5 stamps needed.

Procedure 7. Obtain forms and verify contents of application package at the Centre de Formalites des Entreprises, Chamber of Commerce.

Time to complete: 9 days

Cost to complete: included in procedure 6

Comment: The Centre de Formalites forwards the application to the Greffe du Tribunal, Registre du Commerce. The registration must be done at most 2 months after receipt of the authorisation to operate. File a stamped application form provided by the Chamber of Commerce, in 5 copies, notarised articles, birth act, and a certificate of criminal record.

The Centre de Formalites also forwards documents to the Direction Nationale des Impots. The founder still needs to pay the "patente" and pick up the tax ID in person. Time: 2-15 days

Procedure 8. Apply for a numero d'Identification from the Office Nationale de la Statistique.

Time to complete: 1 day

Cost to complete: included in procedure 6

Comment: This can be done by the Centre des Formalites des Entreprises, or in person at the Statistics office. It is better to do it with the Centre, since often the application file is incomplete and is returned by the Statistics office, whereas the Centre advises on the exact contents and documents and assures a complete file and a smooth registration.

Procedure 9. Pick up the tax ID ("identification fiscale") at the Direction Nationale des Impots.

Time to complete: 15 days (1 day to pick up tax ID, and 2 weeks for the ID to be issued)

Cost to complete: no charge

Comment: The TRAC issues an ID card (usually called the Pink Card). This tax ID is valid for all taxes (direct and indirect).

Procedure 10. Purchase legal stamps at the Tresor for the registration certificate, any certificate from the tax office, the demande d'immatriculation d'un employeur, and a bulletin d'embauche for each worker.

Time to complete: 1 day

Cost to complete: FCFA 9750

Comment: These are needed to be filed for Social security. 13 stamps needed (assume 10 workers).

Procedure 11. File a demande d'immatriculation d'un employeur for the company, and for every worker file also a bulletin d'embauche, with the Institut National de Prevoyance Sociale (INPS).

Time to complete: 1 day

Cost to complete: no charge

Comment: This includes accident insurance, health, and pension. The registration lasts several weeks

Procedure 12. Notify Division de l'Hygiene et de l'Assainissement of commencement of operation

Time to complete: 1 day

Cost to complete: no charge

Comment: Inspections are random, and are not organized by the enterprise.

Procedure 13. File with the Direction Nationale du Travail every contract with every employee.

Time to complete: 1 day

Cost to complete: no charge

Comment: Inspections are random, and are not organised by the enterprise.

TAXATION

The latest tax reforms in Mali derive from the adoption of Acts 02-004 and 02-005 in 2002, which came as a result of pressure from the private sector. The reforms amended the Code général des impôts (CGI – general tax code) and relate to capital gains tax for individuals. In addition, Acts 99-011 and 99-012 adopted in 1999, which also dealt with a change in the CGI, introduced a few innovations, while leaving intact certain provisions of the old CGI of December 1995. There are three categories of direct taxes and two categories of indirect taxes. In addition to direct and indirect taxation are registration fees and customs duties. The CGI is currently being reviewed with the objective of modernising and simplifying the legislative framework and harmonizing it with WAEMU rules.

Direct taxes

Direct taxes include income taxes, patents and licences and related taxes. In general, amounts are determined by applying a taxation rate to each tax band, with the exception of the global tax and the vehicle tax, which are lump sum amounts.

Indirect taxes

The principal innovation in the tax reform of 2002 is the harmonisation of the value-added tax (VAT) at 18% and the exemption of certain manufactured goods, such as:

• Bread for current consumption
• Pharmaceutical products
• Fertilizer and other agricultural inputs
• Books, school brochures and local newspapers
• Agricultural equipment

Indirect taxes also include the Taxe sur les Activités Financières (TAF – tax on financial activities) at a single rate of 15% and the Impôt Spécial sur Certains Produits (ISCP – special tax on specific products), with a rate varying by product.

Other taxes

Registration fees

Taxes in this category are levied at a single rate of FCFA 6,000 francs and deal with deeds of establishment, amalgamation, continuation or dissolution of corporations.
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