The Democratic Republic of Congo is a resource-rich country with many advantages for South African companies wishing to setting up a business in the Democratic Republic of Congo. The country offers favourable legal and economic conditions for the incorporation of a subsidiary, as well as a diversified legal framework for the incorporation of companies, which defines several recognised legal forms. According to the Uniform Act of 30 January 2014 on the Law of Commercial Companies and Economic Interest Groupings, the options include the Company, the Limited Liability Company (SARL), the Public Limited Company (SA), the Simplified Share Company (SAS), the Partnership (SNC), the Limited Partnership (SCS) and the Economic Interest Grouping (EIG). Setting up a company in the Democratic Republic of Congo can be an effective way for South African companies to expand and diversify. In this article, we take a closer look at how to iSetting up a business in the Democratic Republic of Congo: Procedures and formalities.
- Guichet Unique de Création d’Entreprise (GUCE) (One-Stop Shop For Company Registration ) procedure
- Documents required for a legal entity:
- Letter of application to set up a business.
- 4 copies of the company’s articles of association, plus the electronic version for official publication. Specimen signature of the managing director, together with a photocopy of the validity of the visa if the managing director is a foreign national.
- Declaration of subscription to the share capital and proof that it has been paid up.
- Proof of payment of administrative fees.
- Documents required for an Individual:
- Letter of application to set up a business.
- Title deed, lease contract or occupancy title.
- A valid identity document.
- Criminal record extract or affidavit valid for 75 days.
- Residence permit or visa for foreign nationals.
- Marriage contract if necessary.
- Mandate or power of attorney if the manager is absent to start the procedure.
- Documents supplied by the Administrations and the GUCE:
- Acknowledgement of receipt for company registration.
- Note of collection from the Direction Générale des Recettes Domaniales et de Participation (DGRAD).
- Articles of association and notarial deeds.
- Trade and Personal Property Credit Register (RCCM).
- Deed of deposit.
- National Identification Number, Tax Number, INPP Number, CNSS Number.
- Certificate of registration from the Office National de l’Emploi (ONEM).
- Acknowledgement of receipt from the environment.
- Essential elements of the file for Representative Offices, Subsidiaries and Branches::
- Deed of decision to create the company, legalised and stamped by the DRC embassy in South Africa.
- Physical address, name of person responsible and ID copy.
- Filing and opening of the file, articles of association, “K bis” extract from the RCCM.
9 tips for setting up a subsidiary in the Democratic Republic of Congo
Setting up a subsidiary in the Democratic Republic of Congo can be an excellent opportunity for your business to grow and develop. There are several ways to go about setting up a company or subsidiary and ensuring that the process runs smoothly. Here are 9 practical tips to consider before setting up your company or subsidiary:
- Research the laws and regulations relating to setting up a business in the Democratic Republic of Congo to understand the procedures to follow.
- Determine the type of legal structure best suited to your business activity, as well as the capital needed to set up and run the company.
- Choose a good location for your business and familiarise yourself with local conditions, such as access to infrastructure, access to public services and the tax framework applicable in the area.
- Do you want a local partner? If so, find someone who matches your objectives and sign them up to an appropriate contract.
- Take steps to protect intellectual property relating to your business activity in the Democratic Republic of Congo, such as patents, copyrights or trademarks registered with the relevant local authorities.
- Train your local employees in international business practices, health and safety at work, etc.
7 . Make sure that all your local employees have the social security cover required by local legislation, and that they receive ongoing training on a regular basis.
8 . Creating an effective accounting system to manage your finances .
9 . Scrupulously comply with national environmental standards to maximise your impact on the environment.
Languages
French is the official and the business language of the Democratic Republic of the Congo. Four regional languages have official status: Kikongo (Kongo Central and Bandundu), Kiswahili (Katanga, Kivus and Orientale), Lingala (Kinshasa, Equateur and within the Congo River Valley), and Tshiluba (Kasais). Knowledge of English is limited to expatriates, though a few Congolese businesspersons have some knowledge of English.
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