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* Takes place simultaneously with another procedure.
Registration Requirements Details
Procedure 1.
Deposit the legally required initial capital in the National Bank and obtain deposit evidence
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Comment:
The notary deposits the legally required initial capital in the National Bank (Banque Nationale de Credit) and obtain the proof of deposit. A certified check needs to be used to pay in the National Bank, where proof of payment is provided.
Procedure 2.
Prepare of company statutes ( Articles and Memorundum of Association)
Time to complete:
10 days
Cost to complete:
HTG 25000
Name of Agency:
Comment:
The lawyer charges approximately HTG 25,000 for the drafting of the company statutes
Procedure 3.
Notarize the company deeds and articles of association
Time to complete:
15 days
Cost to complete:
HTG 7500 - 25000 notary fees
Name of Agency:
Comment:
The notary public must handwrite and notarize the documents at a fee of between 7,500 and 25,000 depending on the complexity of the service.
Procedure 4.
Pay the registration fee at the Direction Générale des Impôts (DGI)
Time to complete:
1 day
Cost to complete:
HTG 250 (frais de dossier) + HTG 25 (vignette bleue)
Name of Agency:
Comment:
The notary pays the registration fees at the Tax Office (DGI) and proof of payment is obtained.
Procedure 5.
Registration with the Commercial Registry at the Ministry of Commerce and Industry and obtain the authorization of operations (Droit de fonctionnement)
Time to complete:
2-3 weeks
Cost to complete:
no charge
Name of Agency:
Comment:
Lawyer submits the dossier for registration and a request for the ‘droit de fonctionnement’
Procedure 6.
Publish act of constitution in official legal journal (Le Moniteur)
Time to complete:
150 days
Cost to complete:
HTG 750 per page
Name of Agency:
Comment:
The fee to announce the act of constitution in a legal journal is HTG 750 a page. Firms can begin operations before the publication, as soon as they receive authorization from the Ministry of Commerce. After the Ministry has reviewed the company’s articles of incorporation, they must be approved by the Prime Minister’s office and the Presidency before they can be published in the Official Journal. This process takes 2–8 months.
Procedure 7.
Obtain the Tax ID number (numero d’identification fiscale -NIF) from the Tax authorities (DGI), pay fees, and obtain certificate of patente
Time to complete:
15 days (simultaneous with previous procedure)
Cost to complete:
HTG 50 (tax ID card) + 2% of initial capital + 0.3% per share + HTG 102 (droit de fonctionnement) + HTG 5 (taxe carte d’identite professionelle) + HTG 10,000 (accountant fees)
Name of Agency:
Comment:
The company must file a form at the Tax Bureau (DGI) and provide an opening balance sheet on which corporate taxes will be based. A 2% tax is levied on a corporation’s initial capital, payable annually. A company must pay the “tax on share” (taxe sur action) of 0.3% per share, which will be assessed each year, and a "right of operating" tax (droit de fonctionnement) of HTG 102 payable annually, and a HTG 5 tax on the carte d’identite professionelle. The cost for an accountant to prepare the opening balance sheet is approximately HTG 10,000.
Procedure 8.
Obtain the “Carte d’Identite Professionelle” from the Ministry of Commerce
Time to complete:
15-20 days
Cost to complete:
HTG 300-500
Name of Agency:
Comment:
According to Article 2 of the “Décret du 26 septembre 1960 réglementant l’exercice de la profession de commercant”, all commercial entities are required to hold a “carte d’identité professionnelle”. After the payment of fees at the DGI and obtaining the certificate de patente, the entrepreneur should submit the request to obtain the “carte d’identité professionnelle” at the Ministry of Commerce.
Procedure 9.
Obtain special commercial books
Time to complete:
2 days
Cost to complete:
HTG 5000
Name of Agency:
Comment:
The special commercial books are purchased and prepared by an accountant.
Procedure 10.
Legalize the commercial books
Time to complete:
7 days
Cost to complete:
HTG 1000
Name of Agency:
Comment:
Books are legalized by the Dean of the first instance court (Doyen du Tribunal). Each page must be sealed by the Dean of the civil court.
Procedure 11.
Notification to the Labor Ministry about hiring
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Comment:
Companies must submit a declaration on the hiring of personnel to the Labor Direction within 8 days of opening. In practice, this formality is rarely respected.
Procedure 12.
Register for social security (OFATMA)
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Comment:
The company must register with the Insurance Office for Occupational Injury, Sickness, and Maternity (OFATMA) within 15 days of opening and provide the names of all its employees (up to 6% of monthly salary is contributed by the employer to social security).
Procedure 13.
Register for Retirement Insurance Office (ONA)
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Comment:
The company must register with the Retirement Insurance Office (ONA) within 15 days of opening and provide the name of all its employees (up to 6% of monthly salary is contributed by the employer to retirement insurance).
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