Marc d'inversió i oportunitats a la República Democràtica del Congo
Procedures Relative to Foreign Investment
Freedom of Establishment
The Constitution stipulates the freedom to own and establish a business enterprise, and to engage in all forms of remunerative activity. Nevertheless, although the law may say so, in practice foreign investors are often required to hire local agents and participate in a joint venture with the government or local partners. A new law enacted in January 2017 setting rules for outsourcing across all sectors: in fact, it restricts outsourcing to companies owned by nationals or whose head offices are in the country.
Acquisition of Holdings
Current investment regulations prohibit foreign investors from engaging in informal small retail commerce (“petit commerce”), and prohibits foreign shareholder ownership of more than 49% in the agri-business sector. Restrictions are fixed on outsourcing by foreign investors in almost all sectors.
Obligation to Declare
The Single Desk or Guichet Unique – which has been operating since 2013 – works as a “one-stop shop”, coordinating all the government entities involved in the registration of a company in the DRC. The registration process now officially takes three days, but in effect it can take much longer (however, procedures have been considerably shortened and simplified since the activation of the Single Desk).
The labor law stipulates that for businesses with over 100 employees, 10% of all employees should be nationals. Furthermore, if the managing director is a foreigner, his deputy or secretary general is generally expected to be a Congolese citizen.
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República Democràtica del Congo: Invertir a la República Democràtica del Congo
