Starting a Business - DR Congo

The SARL and SAS are the standard vehicles for foreign investors; both can be formed by a single shareholder (natural or legal person) with no statutory minimum paid-up capital under OHADA rules. A non-resident director is permitted.

The Guichet Unique de Création d'Entreprise (GUCE) consolidates name reservation, notarization of statutes, RCCM commercial-registry filing, and tax-ID (NIF) issuance. The official target is 3 business days; fees are $30 for sole traders and $70–80 for legal entities. A new GUCE branch opened in Matadi in June 2024 to extend reach.

Investments above $200,000 may seek ANAPI approval for customs and tax exemptions (import duties on equipment, profit-tax holidays, property-tax relief). Applications require a business plan and a $1,000 filing fee; ANAPI has 30 days to decide. Investments of $10,000–$200,000 qualify under the SME regime with a $500 fee.

100% foreign ownership is permitted in most sectors. Key prohibitions: foreign nationals are banned from petit commerce (small retail, per 1990 Ordinance); foreign majority ownership of agricultural concerns is prohibited; telecommunications requires 25% Congolese national ownership. A January 2017 subcontracting law restricts subcontracting in almost all private-sector activities to majority-Congolese companies, with limited exemptions (max 6 months) where local expertise is unavailable.

Although GUCE targets 3 days for registration, practitioners report the end-to-end process (including bank account opening and sector licences) routinely takes several weeks to a few months in Kinshasa due to administrative backlogs and coordination gaps across agencies.

In March 2025 President Tshisekedi launched a Strategic Business Climate Plan to structurally improve ease of doing business. Also in March 2025, OHADA announced plans to establish an arbitration centre in Kinshasa to provide a neutral dispute-resolution forum for investment contracts and natural-resource disputes.