How to start a business in DR Congo?

How to start a business in DR Congo?

According to the provisions of article 6 of the Uniform Act of January 30, 2014 relating to the law of commercial companies and the grouping of economic interests, the legal forms of companies recognized in the DRC are:

  1. The Establishment (or sole proprietorship or natural person Merchant);
  2. The Limited Liability Company (SARL);
  3. The Société Anonyme (SA);
  4. The Simplified Joint Stock Company (SAS);
  5. The Company in Collective Name (SNC);
  6. The Simple Limited Partnership (SCS);
  7. The Economic Interest Group (EIG).

Any investor who would like to create his business in the DRC, saves time by contacting the Single Window for Business Creation.

A. Documents to be submitted to the Single Window for Business Creation

  • Corporation

  1. Letter requesting business creation addressed to the Director General of the Single Window;
  2. Statutes of the company in 4 copies + the electronic version of the statutes for publication in the Official Journal;
  3. Specimen of the manager’s signature (plus photocopy of the validity of the visa in case the manager is foreign);
  4. Declaration of subscription to the share capital and payment thereof;
  5. Proof of release of the share capital (Payment slip or Certificate issued by a banking or micro-finance institution duly approved in the State party of the head office). For the Limited Liability Company (SARL) , there is no requirement for the amount of minimum capital even though the nominal value of the contributions should not be less than the equivalent of 5,000 FCFA each (10 USD).
    • For the Société Anonyme (SA) , the share capital must be the equivalent of at least 10,000,000 FCFA (20,000 USD) when it does not make a public appeal for savings and 100,000,000 FCFA (200,000 USD) otherwise. To this amount of share capital, is added, in accordance with Congolese tax legislation, a proportional right of 1% of the value of the share capital (on the creation, and possibly the increase of the share capital or the extension of the duration of the company).
  6. Proof of payment of administrative fees.
  • Natural person for the constitution of an establishment

  1. Letter requesting business creation addressed to the Director General of the Single Window;
  2. Title deed or lease contract or title of occupation;
  3. Recognized identity document;
  4. Extract from the criminal record or sworn certificate valid for 75 days;
  5. Resident title – visa (for foreigners);
  6. Marriage contract (for foreigners if necessary);
  7. Mandate or Power of Attorney (in the event of the absence of the manager to initiate the procedure).

B. Documents provided by administrations and the GUCE

  • Acknowledgment of receipt for company registration;
  • Perception note from the General Directorate of State Revenue and Participation (DGRAD);
  • Statutes and Notarial Deeds;
  • Trade and Securities Register (RCCM);
  • Deed of deposit;
  • National Identification Number;
  • Tax number (Directorate General of Taxes (DGI);
  • INPP number;
  • CNSS number;
  • Certificate of registration from the National Employment Office (ONEM).
  • Environmental acknowledgment.

C. Cost of creating the business (legal and natural person)

  1. Individual: 30 USD
  2. Legal Person: 80 USD when the applicant firm presents the notarized statutes and 70 USD in the case of privately signed statutes presented to the Single Window for Business Creation (GUCE).

D. File processing time: 3 days.

E. Elements constituting the file for the representative office, subsidiary and branch

(articles 116-120 and 179-180 of the Uniform Act relating to the law of commercial companies and economic interest groups):

  1. Decision document for the creation of the Office, Branch, Parent Company or subsidiary, legalized and endorsed by the Embassy of the DRC in the country where the applicant is located;
  2. Physical address ;
  3. Name of the responsible ;
  4. ID ;
  5. Submission and opening of the file;
  6. Statutes;
  7. Extract “K bis” from the Register.

The representative or liaison office may be the establishment of a foreign company but it is also subject to the law of the State party in which it is located and it is registered with the RCCM in accordance with the provisions in force.

If the activity of the representative office justifies it being transformed into a branch, a request for rectification to the RCCM must be made within thirty (30) days following such a change of situation.

In the event of non-authentication of the statutes, this cost is reduced from 80 to 70 USD.

F. Addresses 

  • Kinshasa: Avenue de la Science, N°482, Commune de la Gombe (Reference: in the grounds of the Roads Office Laboratory, opposite ITI-GOMBE), more precisely, on the first floor of the building also housing the Commercial Court of Kinshasa/Gombe.

E-mail: guichetuniquerdc@yahoo.fr/guce@guichetunique.cd

Such. : +243 822 284 008

Website:  www.guichetunique.cd

  • Lubumbashi: CNSS Building, Av. Lumumba, Commune of Lubumbashi in Haut-Katanga

Such. : +243 812824408

  • Kisangani: Place du cinqifnaire, former UZB building, Municipality of Makiso in Tshopo
  • Goma: 14, Blvd Kanyamuhanga, Q. Les Volcans, Commune of Goma

Such. : +243 995603257

However, the investor can request support from ANAPI in this process, in its capacity as the Single Window for investment in DR Congo. ANAPI services are free.

  • Address: Crossing boulevard du 30 Juin and avenue 1er Mall ex.TSF, n°33c, Commune of Gombe
  • Website: www.investindrc.cd
  • Email: anapirdc@yahoo.fr / anapi@investindrc.com
  • Tel: +243999925026

It should be noted that the Single Window for Business Creation is not yet installed throughout the Democratic Republic of Congo. To overcome this deficiency, the Commercial Courts and, where applicable, the High Courts, grant the Register of Commerce and Personal Property Credit (RCCM) which gives the company the right to carry out commercial acts.

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