The process of setting up a business in Gabon can be divided into two parts. The first part involves only the entrepreneur (choice of legal status and drafting of the company’s articles of association, conclusion of the lease if necessary), and the second part in which the administrations concerned intervene to process the documents provided.
Read more : Employer of Record Gabon
Drafting and registration of the articles of association
The drafting of the articles of association is the responsibility of the investor who can either hire the services of a notary or do it himself (under private signature), in which case he will then have to register them with a notary. However, it is advisable for investors to hire the services of a notary for the need of authenticity, impartiality and opposability. To this end, the law provides for thresholds for the payment of fees in this profession depending on the legal status.
NB: the statutes must be drawn up by notary in case of contribution of real estate.
The premises and the professional address.
The entrepreneur must provide proof of the existence of premises for his business and its location (address). It should be noted that this is one of the documents to be provided for registration in the trade register. Two cases are generally observed: either the entrepreneur rents the premises in which his company is located, in which case he is subject to the legal regime of commercial leases, or the activity carried out does not require premises to receive customers. In this case, it is possible to consider a simple domiciliation of the company. The entrepreneur can either resort to a collective domiciliation in premises shared by several companies, or resort to a temporary domiciliation in his own home.
Documents to be provided according to the type of company
Once the above elements have been completed, the entrepreneur must go to the Business Development Center (CDE), which is a one-stop shop for all the administrations involved in the business creation process. Depending on the legal status, h
Documents to be provided according te will have to provide the following documents:
For a personal business:
- 7 duly completed forms,
- 3 copies of the authorization or technical approval, if applicable,
- 3 copies of the national identity card or residence permit,
- 1 extract from the marriage certificate and 1 copy,
- 1 certificate of residence and 1 copy (to be obtained from CEDOC at 10 000 FCFA),
- 1 copy of the lease contract or legalized rental certificate,
- 1 location map,
- 1 SEEG receipt.
The application fee for nationals is 45 000 FCFA, i.e. 25 000 FCFA for the CDE and 20 000 FCFA for the Registries. For expatriates, the fees are 95 000 FCFA (75 000 FCFA for the CDE and 20 000 FCFA for the Registries).
For a legal entity:
- 9 duly completed forms,
- 8 copies of the articles of association to be drawn up in an office (in accordance with OHADA law),
- 5 copies of the authorization or technical approval, if applicable,
- 2 copies of the manager’s national identity card or residence permit or entry visa,
- 2 extracts of the manager’s criminal record,
- 1 location plan,
- 1 SEEG receipt.
Other documents must be added in addition:
It is for the SA :
- 5 copies of statutes,
- 5 copies of notarized declaration of subscription and payment (DNSV),
- 5 copies of the minutes of the first meeting of the Board of Directors or of the Constituent Assembly.
For LLCs: 3 copies of the declaration of regularity and conformity.
The application fee for nationals is 95,000 FCFA, i.e. 50,000 FCFA for the CDE and 45,000 FCFA for the Registries. For expatriates, the fees are 245 000 FCFA, i.e. 200 000 FCFA for the CDE and 45 000 FCFA for the Registries.
