According to the provisions of Article 6 of the Uniform Act of 30 January 2014 relating to the law on commercial companies and economic interest grouping, the legal forms of companies recognized in the DRC are as follows:
- Establishment (or sole proprietorship or individual trader);
- The Limited Liability Company (SARL);
- The Public Limited Company (SA);
- The Simplified Joint Stock Company (SAS);
- Collectively Owned Company (SNC);
- The Limited Partnership (SCS);
- The Economic Interest Grouping (EIG).
Any investor, who would like to create his company in the DRC, saves time by contacting the Single Window for business creation.
A. Documents to be filed with the "Single Window for Business creation" (www.guichetunique.cd)
Corporate Entity
- Letter of request for the creation of a company addressed to the Managing Director of the Single Window;
- Articles of Association of the company in 4 copies + the electronic version of the articles of association for publication in the Official Journal;
- Specimen of the manager’s signature (plus the photocopy of the validity of the visa in case the manager is a foreigner);
- Declaration of subscription to and payment of the share capital;
- Proof of payment of the share capital (Paying-in slip or Certificate issued by a banking or micro-finance institution duly approved in the State Party of the registered office). For the Limited Liability Company (SARL), there is no requirement for the amount of the minimum capital even though the nominal value of the contributions should not be less than the equivalent of FCFA 5,000 each (USD 10).
- For the Public Limited Company (SA), the share capital should be the equivalent of at least 10,000,000 FCFA (USD 20,000) when it does not go public and 100,000,000 FCFA (USD 200,000) otherwise. In addition to this amount of share capital, in accordance with Congolese tax legislation, a proportional duty of 1% of the value of the share capital (at the creation, and possibly at the increase of the share capital or the extension of the duration of the company) is added.
- Proof of payment of administrative fees.
Natural person for the constitution of an establishment
- Letter of request for the creation of a company addressed to the Managing Director of the Single Window;
- Title deed or lease contract or occupancy title;
- Recognized identity document;
- Extract from the criminal record or sworn statement valid for 75 days;
- Residence permit -visa (for foreigners);
- Marriage contract (for foreigners if necessary);
- Mandate or Power of Attorney (in case of absence of the manager to start the procedure).
B. Documents provided by administrations and the GUCE
- Acknowledgement of receipt for company registration;
- Collection note from the General Directorate of State Revenue and Participation (DGRAD);
- Articles of Association and Notarial Deeds;
- Trade and Personal Property Credit Register (RCCM);
- Deed of deposit;
- National Identification No;
- Tax No. Directorate General of Taxes, DGI;
- INPP No.;
- CNSS No.;
- Certificate of registration from the National Employment Office (ONEM).
- Acknowledgement of receipt of the environment.
C. Cost of setting up the business (legal and natural person):
- Physical person: 30 USD
- Moral Person: 80 USD when the applicant firm presents the notarized articles of association and 70 USD in case of private sub-sexed articles of association presented to the Single Window for Business Creation (GUCE).
D. File processing time: 3 days.
E. Constituent elements of the file for the representative office, subsidiary and branch office (Articles 116-120 and 179-180 of the Uniform Act relating to the law on commercial companies and economic interest grouping):
- Deed of decision to create the Office, Branch, Parent Company or Subsidiary, legalized and stamped by the Embassy of the DRC in the country where the applicant is located;
- Physical address;
- Name of the person in charge;
- Identity document;
- Filing and opening of the file;
- Statutes;
- Extract of "K bis" from the Register.
The representative or liaison office may be the establishment of a foreign company, but is also subject to the law of the State Party in which it is located and is registered in the Trade and Personal Property Credit Register (RCCM) in accordance with the provisions in force.
If the activity of the representative office justifies its conversion into a branch, a request for rectification to the RCCM must be made within thirty (30) days following such change of situation. If the status is not authenticated, this cost is reduced from 80 to 70 USD.
F. Addresses:
- Kinshasa:Avenue de la Science, N°482, Commune de la Gombe (Reference: within the Lab of Office des Routes, opposite ITI-GOMBE), more specifically, on the floor of the building also housing the Kinshasa/Gombe Commercial Court.
- E-mail : guichetuniquerdc@yahoo.fr/guce@guichetunique.cd
- Tel.: +243 822 284 008.
- Lubumbashi : CNSS Building, Av. Lumumba, Commune de Lubumbashi dans le Haut-Katanga
- Tél. : +243 812824408
- Kisangani : Place du cinquantenaire, Immeuble ex UZB, Commune de Makiso dans la Tshopo
- Goma : 14, BlvdKanyamuhanga, Q. Les Volcans, Commune de Goma
- Tel. : +243 995603257
It should be noted that the Single Window for business creation is not yet installed throughout the Democratic Republic of the Congo. To make up for this deficiency, the Commercial Courts and, where applicable, the High Courts, grant the Trade and Personal Property Credit Register (RCCM), which gives the company the right to carry out commercial acts.