Region
Sub-Saharan Africa
Income group
Low income
Most populous city
Dakar

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Starting a Foreign Business Details
This index evaluates the regulatory regime for business start-up.
QuestionAnswer
* Are your country's laws and regulations regarding the establishment process available online through a website of a public institution (e.g. Parliament, official gazette, etc.)? Y
What is the precise name of limited liability company (LLC) in your country (for example, LLC, private limited company, private limited liability company)in English ? Limited Liability Company
What is the precise name of limited liability company (LLC) in your country (for example, LLC, private limited company, private limited liability company)in your principal official language (if different from English). Société à Responsabilité Limitée (SARL)
Is Limited Liability Company (LLC) the most commonly used legal form for the establishment of foreign-owned companies? No
If no, what is the most common form of establishment of foreign companies in your country? Corporation (Societe Anonyme)
* Does your country have any restrictions related to the composition of the board of directors of foreign owned but locally incorporated companies (nationality, ethnicity, race, gender, etc.)? No
If Yes, what is/are this/these restriction(s)? N/A
* Is a foreign-owned company required by law to establish its subsidiary through a local private sector third party (local counsel, notary etc.) or public entity (investment promotion agency)? Required by law
Comment The intervention of a notary is compulsory for the set up of a firm in Senegal (Art. 10 Uniform Act).
** Can a foreign-owned company expedite any of the establishment procedures through an official channel (fast-track procedure)? Yes
Comment APIX.
* Is the investment approval/authorization a mere formality, only requiring submitting a notification to an appropriate authority? N/A
* Does your country give the investor the right to appeal the decision on the approval/authorization? N/A
* Is a minimum of projected annual sales required for an approval/authorization? N/A
If Yes, what is this minimum (in local currency units, LCU)? N/A
* Is there a limit on the period of validity of a foreign investment approval (separate from any operational licenses/permits that need to be renewed)? N/A
If Yes, what is the approval’s validity period (in years)? N/A
Additional Comments Investment approval is only required in specific sectors.
* Do laws and regulations specify a time limit within which authorities must notify the foreign company of the result of its registration? No
If Yes, what is this time limit? N/A
* If Yes, is this limit usually respected? N/A
Do laws and regulations specify that no response from authorities within this time limit can be interpreted as consent and registration complete (that is, silent/deemed approval)? N/A
* Is the company registration documentation downloadable online? No
* If Yes, can the investment registration documentation be submitted online? N/A
* Can the registration process be monitored online? (e.g., check the status of registration, etc.) No
Comment
* Can a foreign-owned company hold a commercial bank account in a foreign currency in your country? Yes
* If Yes, does a foreign-owned company have to seek approval/authorization before opening such an account? Yes
If Yes, which authority issues such approval/authorization (e.g., Ministry of Finance, Central Bank, etc.)? The Ministry of Finance after advice of the Central Bank of West Africa - in French BCEAO. Art 43 rule 09/1998/CM UEMOA relatif aux relations financières extérieures des états membres de l'UEMOA - an ...morenexe 2) ...less
* If Yes, how long does it take, on average, to receive such an approval/ authorization? May take months. It depends of the negociations with the Government and the economic and strategic importance of the project.
Comment In order to open an offshore account (or account in foreign currency), the company will need authorization from Minister of Finance who has to go through the Central Bank (BCAO) for advice. The reque ...morest has to include information on repayment of a loan in foreign currency. This is a Regulation of the Monetary Union of West Africa (UMOA). ...less
* Does your country have a paid-in capital requirement for foreign-owned limited liability companies? Yes
* If Yes, is this requirement a different amount than the one for domestic companies? No
Comment Payment in full for Limited Liability Companies and partnerships. Minimum of 25% for corporations with a 3-year time limit for payment in full of the remainder.
* Is your country party to the Hague Apostille Convention ? No
* Scored ** Bonus Question
Procedures (number): all procedural steps involved in establishing a wholly foreign-owned subsidiary. Both pre- and post-incorporation procedures that are officially required for a foreign investor to formally operate a business are recorded.

Time (days): the number of days needed to go through each of the procedural steps for establishing a subsidiary of a foreign company.

No.ProcedureTime to Complete (days)
1 3
2 1
3 2
4 2
5 2


Procedure 1 :
Get a copy of the criminal record
Time to Complete (days) 3
Comments: Both home country and local criminal original records are required.


Procedure 2 :
Deposit the founding capital with a bank
Time to Complete (days) 1
Comments: The company can deposit the founding capital with a bank directly or through a public notary


Procedure 3 :
Notarize company bylaws and bank deposit of subscribed capital
Time to Complete (days) 2
Comments: A public notary is required to notarize company bylaws and deposit subscribed capital at a bank. The statutes can be drafted either by notarial act or by any other act, provided that the authorized signatures are notarized. If by notarial act, the notary must (a) establish the statutes (if the promoter has not done so) and issue the declaration of conformity (déclaration de régularité et de conformité); and (b) register the statutes and declare the existence of the company with the tax authorities. The promoter may ask the notary to complete additional formalities, such as commercial registration at the court to obtain the company identification number (numéro d'identification nationale des entreprises et des associations, NINEA). Notary fees are legally regulated by Decree 88–1713 (of December 20, 1988), but in practice fees may vary.


Procedure 4 :
Register your business at the one-stop shop
Time to Complete (days) 2
Comments: Since November 2007, entrepreneurs can register at the one-stop shop which takes care of what was formerly done in seven different procedures. Four of the procedures are taken care of by having the four relevant agencies dispatch one of their civil servants to the one-stop shop. This is: - The tax authority to register the bylaws; - The Commercial Registry (‘Registre du Commerce et du Credit Mobilier’ – RCCM) to register the company bylaws; - The NINEA to get a company identification number (‘Numéro d’Identification National des Entreprises et des Associations’) ; and, - The Labor authority to register workers and commencement of operation. They are all physically located in the same location and there is a timesheet kept by the coordinator of the one-stop shop that indicates the precise time with which every person in the room delivers the document. Another two procedures are handled by the one-stop shop, and these are: - Registration at the Social Security (‘Caisse de Securite Sociale’ - CSS); - Registration at the Pension Fund (‘Institut de Prevoyance Retraite’ – IPRES). These two agencies are not physically located inside the one-stop shop but are a few minutes away. What is done is that when a new file comes in, the coordinator of the one-stop shop, sends the information about the application by email to these two agencies. He then phones them to make sure that they received the email. Later in the afternoon (or if it afternoon, the next day), the one-stop shop sends a courrier to go and fetch the approved documents.


Procedure 5 :
Otain a trade (import / export) license
Time to Complete (days) 2
Comments: This license is issued on behalf of the company manager.