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* Takes place simultaneously with another procedure.
Registration Requirements Details
Procedure 1.
Obtain a certificate confirming headquarters location
Time to complete:
7 days
Cost to complete:
CDF 1000
Name of Agency:
Comment:
The “certificate confirming headquarters location” is an administrative document provided by the municipality of Kinshasa, or the local commune. To avoid the notarization of fictive or nonexistent companies, this document is traditionally required by the public notary of Kinshasa before the notarization of the company’s statutes and their registration.
Procedure 2.
Notarize the articles of association
Time to complete:
14 days
Cost to complete:
USD 13 per document, assuming 5 documents
Name of Agency:
Comment:
The law requires that the company’s statutes, signed by the founders, be notarized 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. Note that only one public notary exists in Kinshasa.
Procedure 3.
Obtain extracts of the criminal record (gérant) of the first directors
Time to complete:
3-7 days
Cost to complete:
CDF 10,800 for each national
Name of Agency:
Comment:
The criminal records of the first directors are obtained from the criminal police of the tribunal’s judicial inspection department.
Procedure 4.
Obtain a certificate of residency
Time to complete:
2-4 days, simultaneous with procedure 3
Cost to complete:
CDF 2000
Name of Agency:
Comment:
This document is required only from the company’s managing director The other founders are not required to provide the document.
Procedure 5.
Obtain a document certifying that the founder/manager is not a public servant (attestation de non fonctionnaire)
Time to complete:
2-4 days, simultaneous with procedure 3
Cost to complete:
CDF 1000
Name of Agency:
Comment:
This document is delivered by the local administrative authorities and certifies that the manager is not a judge or a public servant or a spouse of a judge or a public servant. Only the fmanager is required to provide this certificate.
Procedure 6.
Register with the Commercial Registry
Time to complete:
9 days
Cost to complete:
USD 175 + FC1,000
Name of Agency:
Comment:
To register with the Commercial Registry, the following documents must be filed: - Identity card or passport (one copy). - Certificate of non-civil-servant status (one). - Certificate of residence (one). - Specimen of signature in two or three samples (one). - Declaration of conformity to the law, dated and signed by each founder. - Letter addressed to the divisional clerk of the Court of First Instance (Tribunal de Grande Instance). - Marital consent letter if the founder is a woman
The company registration form of the New Commercial Registry (nouveau registre de commerce) costs CDF 1,000. If the founders are foreign, registration fees are USD 800.
Procedure 7.
Publication of the company’s statutes in the official journal
Time to complete:
1 day (receipt only)
Cost to complete:
CDF 150 per line
Name of Agency:
Comment:
Procedure 8.
Obtain a national identification number from the Ministry of Economy
Time to complete:
2 months
Cost to complete:
USD 230
Name of Agency:
Comment:
This formality is imposed by Article 1 of Ordinance No. 73/236 (dated August 13, 1973). The time to obtain the national identification number has been reduced because the Minister of Economy 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:
2-7 days
Cost to complete:
no charge
Name of Agency:
Comment:
New companies must register with the Direction Générale des Impots to notify it of the company’s legal existence and to obtain the national identification number. This formality is done by sending a formal letter to the Direction Générale.
Procedure 10.
Declare the establishment of the company with the Inspectorate of Labor (l’Inspection du Travail) and the National Office of Employment (l’Office National de l’ Emploi)
Time to complete:
30 days
Cost to complete:
no charge
Name of Agency:
Comment:
According to Article 216 of the Labor Code, any physical or legal person planning any activity that requires the hiring of workers must notify the Labor Inspection Department and the National Bureau of Employment within 15 days of the start of business. The declaration is filed in a single form, with one specimen sent to the Inspectorate of Labor and another two to the Office of Employment.
Procedure 11.
Receive inspection by the inspection officials from the Ministry of Labor
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Comment:
After the Ministry of Labor receives the declaration of commencement of activities, the Ministry can send inspectors to check if the company is in conformity with employment legislation.
Procedure 12.
Register with the National Institute for Social Security
Time to complete:
7 days
Cost to complete:
no charge
Name of Agency:
Comment:
Registration with the National Institute for Social Security is required by Article 4 of the Ministerial Decree no. 2/61 (dated August 16, 1961).
Procedure 13.
Make a company seal
Time to complete:
7 days
Cost to complete:
CDF 10000
Name of Agency:
Comment:
A seal is not legally obligatory. However, it is used widely used by most companies, particularly to prevent fraud, because it serves as the company’s legal signature.
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