Real Estate in Morocco: The State Tightens the Screws and Imposes New Strict Rules

The Kingdom is changing gears when it comes to asset management. According to the weekly magazine Challenge, Decree No. 357.26 introduces a reinforced administrative system to put an end to "approximate" practices. This reform seeks to secure the identity of the stakeholders and the compliance of the documents in a sector hitherto marked by a certain heterogeneity.

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The major novelty lies in the standardization of official documents. All SCIs will now have to use standardized models for their registers, forms, and certificates. This strict harmonization between jurisdictions aims to eliminate differences in interpretation: any file not respecting these standard formats will now be declared inadmissible.

The conditions for incorporation are also becoming more restrictive. The founders will have to provide a name certificate with a validity of 90 days. In addition, the registered office must be justified by a "duly registered" title deed or lease contract, excluding informal agreements.

The identification of the parties is subject to increased scrutiny. Any power of attorney must be original, registered, and certified as true. Foreign investors could face additional delays due to authentication procedures, as the complete identification of legal representatives is now a systematic and mandatory step.

The administrative rigor is accompanied by a policy of total firmness. Incomplete files, particularly those lacking clear identification or including unregistered documents, will be automatically rejected without the possibility of subsequent regularization. Formalism thus becomes the absolute rule for any creation, modification, or cancellation.

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Existing companies have a six-month deadline to comply with these new requirements. They must imperatively adapt their internal registers and verify the validity of their legal documents. Failing to do so, they risk major administrative blockages that could hinder their future real estate operations.