Best Investment Lawyers in Tétouan

About Investment Law in Tétouan, Morocco

Tétouan sits within the Tanger-Tétouan-Al Hoceima region, one of Morocco’s most dynamic gateways for trade, manufacturing, logistics, tourism, and services. Investors leverage proximity to Tanger Med port, industrial and offshoring parks in and around Tétouan, a skilled labor pool, and strong transport infrastructure that links the region with Europe and the rest of Africa. Investment is primarily governed at the national level, while regional bodies facilitate local execution and permits.

Morocco’s investment policy is anchored by a New Investment Charter adopted in 2022 and implemented by regulations from 2023 onward. The Charter aims to attract both domestic and foreign capital by offering incentive schemes tied to job creation, territorial development, sustainability, exports, and sector priorities. Industrial Acceleration Zones in the wider region and specialized parks near Tétouan offer advantageous conditions for selected activities. Investors benefit from the convertibility regime that enables repatriation of capital and profits when investments are funded in foreign currency and properly registered. Property rights are protected under Moroccan law, and Morocco recognizes arbitration as a valid dispute resolution mechanism.

Local support is coordinated by the Regional Investment Center of Tanger-Tétouan-Al Hoceima, which acts as a one-stop interface for many procedures, including company creation, permits, and access to incentives. Sectoral opportunities near Tétouan commonly include automotive and aeronautical supply chains, textiles, agri-food, tourism and hospitality, offshoring and IT-enabled services, renewable energy components, and logistics.

Why You May Need a Lawyer

Legal counsel helps you choose and structure the right vehicle for your project, whether a limited liability company, joint stock company, branch, or representative office. A lawyer can align governance, shareholding, and financing terms with Moroccan corporate rules and your home country compliance requirements.

Investors frequently seek help to secure incentives under the New Investment Charter, to navigate eligibility criteria, draft applications, and negotiate investment agreements. If you plan to operate in an Industrial Acceleration Zone or a specialized park, counsel can explain the conditions for access, tax treatment, customs regimes, and operational constraints.

Real estate transactions in and around Tétouan require careful due diligence of title, zoning, and land categories such as private titled land, waqf property, or collective lands. A lawyer can manage notarial formalities, check encumbrances, structure long-term leases, and obtain conversion authorizations if agricultural land is involved.

Cross-border rules are critical. Counsel can help you register foreign investments with the Foreign Exchange Office, set up bank accounts under the convertibility regime, and plan repatriation of dividends and capital. They also advise on customs, trade compliance, origin documentation, and import-export licenses.

Companies rely on legal advice for employment contracts, internal regulations, social security registration, and health and safety compliance. Sector-specific licensing, environmental impact assessments, and building permits also benefit from legal guidance to avoid delays and penalties.

To reduce risk, a lawyer drafts and negotiates commercial agreements with suppliers and clients, implements anti-corruption, anti-money laundering, and data protection programs, and registers intellectual property. If disputes arise, counsel manages negotiation, mediation, arbitration, or litigation before commercial courts.

Local Laws Overview

Company forms and incorporation. Moroccan law offers several business forms, with the limited liability company and the joint stock company being common for investments. Incorporation typically involves a name availability certificate, articles of association, capital deposit, tax and social security registrations, and inscription in the commercial register and national companies registry. A beneficial ownership filing is also required. The Regional Investment Center can coordinate many of these steps.

New Investment Charter and incentives. The Charter provides a base incentive package that can include subsidies and support tied to criteria such as job creation, regional location, sector priorities, export orientation, and sustainability commitments. There is an enhanced regime for strategic projects and tailored schemes for small and very small enterprises. Additional benefits may be available in Industrial Acceleration Zones and designated parks, typically covering corporate tax relief for a period, VAT and customs advantages, and streamlined procedures, subject to eligibility and compliance.

Taxation. Morocco applies corporate income tax with a reform path toward a unified rate, VAT with a standard rate and reduced rates for certain goods and services, withholding taxes on outbound payments, and local levies such as business tax. Incentive regimes, zone-specific rules, and double tax treaties may reduce the effective burden. Early tax structuring is important to align operations, financing, transfer pricing, and expatriate arrangements.

Foreign exchange and convertibility. Foreign investors who fund their investment in foreign currency and register it with the Foreign Exchange Office benefit from the convertibility regime. This allows free transfer abroad of dividends, proceeds from sale of shares, and liquidation gains through authorized banks, subject to documentary requirements.

Land and permitting. Foreigners may own non-agricultural real estate. Agricultural land is restricted and generally requires conversion to non-agricultural use through an administrative process if an investor intends to acquire it. Real estate transfers are concluded before a notary and must be registered with the land registry. Construction, environmental, and operating permits are governed by urban planning and environmental laws, with reviews conducted by local committees.

Labor and social security. The Labor Code governs employment contracts, working time, leave, termination, and collective relations. The standard workweek is typically 44 hours. Employers must register with the social security fund and enroll employees in mandatory health coverage and accident insurance. Written contracts, internal regulations for larger employers, and health and safety measures are required.

Compliance and sector regulation. Investors should account for anti-money laundering and counter-terrorism financing rules, competition law and merger control, consumer protection standards, and data protection obligations under Law 09-08, overseen by the national data protection authority. Sector regulators oversee telecom, energy, and transport activities. Public procurement is subject to modernized rules that emphasize transparency and competition.

Trade and customs. Customs regimes allow duty and VAT suspensions for qualifying operations, especially in zones and for exporters. Documentation, classification, valuation, and origin rules are enforced by the Customs and Indirect Taxes Administration. Morocco’s free trade agreements and rules of origin can influence sourcing and pricing decisions.

Intellectual property and technology. Trademarks, patents, and industrial designs are registered with the Moroccan industrial property office. Technology transfer, licensing, and software agreements should address IP ownership, confidentiality, and applicable taxes, with attention to cross-border data transfers that may require authorization.

Dispute resolution. Commercial courts have jurisdiction over business disputes. Arbitration and mediation are recognized, and Morocco is a party to the New York Convention and ICSID, facilitating recognition and enforcement of foreign awards. Contracts should include clear dispute resolution, governing law, and jurisdiction clauses, and bilingual drafting is common in Arabic and French, with English often used in cross-border deals.

Frequently Asked Questions

Can a foreign investor own 100 percent of a company in Tétouan

Yes. In most sectors foreign investors can own 100 percent of a Moroccan company. Restrictions may apply to specific activities that require licenses or strategic approvals. Choosing between a limited liability company, a joint stock company, or a branch depends on governance, financing, and reporting needs.

Can foreigners buy land for a factory or office in or near Tétouan

Yes for non-agricultural land. Agricultural land is generally restricted and can only be acquired after conversion to non-agricultural use through an administrative process. Long-term leases and rights in industrial parks are common alternatives. All property deals require notarial formalities and land registry inscription.

How can I repatriate profits and sale proceeds

If you fund the investment in foreign currency and register it with the Foreign Exchange Office, the convertibility regime allows transfers of dividends, sale proceeds, and liquidation gains through an authorized bank, subject to documentation and tax clearance.

What incentives are available for projects in Tétouan

The New Investment Charter offers base incentives linked to jobs, regional development, sector priorities, export share, local integration, and sustainability. Projects in Industrial Acceleration Zones or designated parks may receive additional tax and customs advantages. Strategic projects can access bespoke support. Eligibility, thresholds, and commitments are set in implementing regulations and investment agreements.

What is the typical timeline to set up a company

With complete documentation, straightforward incorporations can be completed within days, while projects requiring sector licenses, land acquisition, construction permits, or environmental clearances may take several weeks or months. Early coordination with the Regional Investment Center helps compress timelines.

Which legal form is most common for small and medium investors

The limited liability company is often selected due to flexible governance and simpler formalities. Larger or capital-intensive projects may choose a joint stock company to accommodate boards, auditors, and broader financing needs. Branches are used when the foreign parent prefers a non-separate legal entity.

What taxes will my business face

Companies are subject to corporate income tax, VAT on qualifying supplies, withholding tax on certain outbound payments, payroll taxes and social contributions, and local levies. Incentive regimes and zone status can reduce the effective tax rate for a period. A tax advisor should map your supply chain and contracts to optimize VAT and customs treatment.

Do I need an environmental impact assessment

Some industrial, infrastructure, and tourism projects require an environmental impact assessment before permits are issued. The need depends on thresholds and activity lists. An environmental consultant and legal counsel can scope the study and manage filings with the competent committee.

How are business disputes typically handled

Parties may negotiate or mediate, and if needed litigate before commercial courts. Arbitration is widely used in cross-border contracts and in certain sectors, with enforceability supported by Morocco’s participation in international conventions. Include clear dispute resolution clauses in all key agreements.

Do data protection rules apply to my operations

Yes. Processing personal data requires compliance with Law 09-08, including transparency, purpose limitation, data security, and in some cases prior notification or authorization by the data protection authority, especially for cross-border data transfers. Contracts with service providers should incorporate data processing terms.

Additional Resources

The Regional Investment Center of Tanger-Tétouan-Al Hoceima provides information on procedures, incentives, and permits, and coordinates administrative reviews for investors in Tétouan and the surrounding region.

The Moroccan Investment and Export Development Agency offers national investment promotion, sector studies, and guidance on the New Investment Charter and its schemes.

The Foreign Exchange Office issues rules on investment registration, convertibility, and cross-border payments under the exchange regulations.

The General Directorate of Taxes and the Customs and Indirect Taxes Administration provide tax and customs rules, incentives, and operational guidance for import-export and zone regimes.

The National Agency for Land Conservation, Cadastre, and Cartography manages land titles and registrations. Local urban planning departments handle building and operating permits.

The National Social Security Fund manages employer and employee registrations and social contributions. The national health insurance framework applies to employees and may involve private insurers for supplemental plans.

The Moroccan Industrial and Commercial Property Office handles trademarks, patents, and designs. The Competition Council oversees antitrust and merger control reviews.

The National Commission for the Control of Personal Data supervises data protection compliance and authorizations for certain processing and transfers.

Sector regulators such as the telecommunications and energy authorities oversee licensing and compliance in regulated activities. Environmental authorities review impact studies and monitor compliance with environmental law.

Professional organizations, chambers of commerce, and industrial park operators in the region can provide sector insights, networking, and practical guidance on operating conditions near Tétouan.

Next Steps

Define your project’s scope, sector, and location, including whether an Industrial Acceleration Zone or an offshoring or industrial park near Tétouan aligns with your needs for logistics, workforce, and utilities.

Engage a local business lawyer and a tax advisor to select the optimal legal form, design governance and shareholder arrangements, and map tax and customs implications under standard and incentive regimes.

Prepare a feasibility and incentives dossier with financials, jobs plan, procurement and export assumptions, and environmental and social considerations, then approach the Regional Investment Center to explore eligibility and required approvals.

Conduct real estate and zoning due diligence early, including title checks, land category, permitted uses, and infrastructure availability. Structure acquisition or long-term lease agreements, and plan for construction and operating permits.

Incorporate the company, open bank accounts, register the foreign investment under the convertibility regime, and complete tax, social security, and beneficial ownership filings.

Secure sector licenses and, if applicable, carry out an environmental impact assessment. Build a compliance framework covering anti-corruption, AML, data protection, health and safety, and internal controls.

Draft and negotiate key contracts with suppliers, customers, logistics providers, and technology vendors. Include clear terms on delivery, pricing, liability, IP, confidentiality, and dispute resolution.

Recruit and onboard staff under compliant employment contracts, register them with social security, and implement workplace policies and training. Consider vocational training support programs available in the region.

Protect your brand and technology by registering trademarks and other IP, and align cybersecurity and data management with local data protection requirements.

Plan for ongoing compliance by tracking tax filings, renewals, and reporting obligations. Maintain relationship channels with the Regional Investment Center and relevant authorities to support expansion and continuous improvement.