Legal forms for companies and types of activities

January 18, 2020

Legal forms for companies


Legal forms for companies and types of activities in Algeria

Institutional legal formulas:

According to the commercial legislation (Trade Law), activity can be practiced in the form of:

1- Natural character (individual institution):

With the same social formula, the investor wants to be the sole owner of his institution.

2- Legal or corporate personality (company):

 Partners and people include:

They satisfy absolutely and in solidarity with social debts,

They only cost losses within the limits of their contributions.

When this company includes one person in its capacity as a sole partner, it is called a unified corporation with limited liability.

              Ø In the event that an activity is created as a natural person:

An application prepared according to the documents submitted by the National Center for Commercial Register,

A copy of the student's increase contract.

A copy of the student’s case law record,

• The title deed of the commercial store or the lease contract,

A copy of the justified voucher to collect the stamp fees,

· The receipt of the liquidation of registration fees in the commercial register, as determined under the applicable tax legislation,

Accreditation or licensing granted by the competent departments to practice activities or professions according to the law.

              Ø In the event that an activity is created as a legal person:



In addition to the documents required by the natural person, it is also required:

Two (2) copies of the Basic Law on Company Creation,

A copy of the company's articles of association registration in the official bulletin of legal notices (BOAL) issued in a national newspaper.

Organized activities:

 The organized activity, according to the aforementioned executive decree, is considered an activity or profession practiced according to the law.

Every activity or profession subject to registration in the commercial registry requires the nature of its content, subject matter and means, to fulfill the special conditions to enable it to be practiced.

The arrangement of the activity or profession within the category of activities or regulated professions is linked to the primary concerns or concerns required for appropriate legal and technical frameworks.

Concerns and interests should be latent or related to one of the areas of the public system:

Security of property and persons

Preserve public health,

Preserving good manners and morals,

Protect the legitimate rights and interests of people,

Preserving the natural resources and public properties of the national heritage,

Taking into account the environment, protected areas and sites, and the livelihood framework of the population,

Protecting the national economy.



 The complete list is on the website of the National Commercial Registry her

Classified establishments or facilities:

Establishments and establishments are classified according to the provisions contained in Executive Decree No. 07-144 of May 19, 2007, which defines the Code of Establishments Classified for Environmental Protection.

This type of facility is subject to a permit (permit or license) delivered by the competent authorities (Ministry of Planning and Environment, State, Municipal People's Assembly).

Activities subject to registration in the professional rooms:

Craft activities:

 Activities include traditional crafts and art crafts activities.

- Traditional crafts:

It is all new production of old models that have a repetitive artistic nature to predecessor layouts and techniques using manual and sometimes simple mechanism.

Its main feature is the representation of style, region and history with an artistic character that allows the transformation of traditional occupations such as: carpets, knitting, embroideries, basketry making, ceramics, pottery, carpentry, leather goods, copperware manufacture, etc.

Crafts:

It is mainly distinguished by the use of the craftsman's skills and creations with his originality, uniqueness and his competence which is not insignificant.

See a list of activities related to craft industries

Every person who wishes to practice craftsmanship in a personal or organized field with a cooperative or professional craft institution must deposit his registration file, in Juba, with the regionally traded and professions room that submits him a receipt that allows him to practice his craft within a period not exceeding sixty (60) days.

The Crafts and Occupations Chamber must respond to the registration filed by the craftsman within sixty (60) days. With the expiration of this period, and in the absence of a response from the Chamber of Trades and Occupations, registration becomes acceptable.

A craftsman can consider himself a natural person who is registered in the register of trades and trades practicing literal activity, being:

Justifies vocational rehabilitation.

He personally contributes to the implementation of the work by managing and conducting his activities.



In this regard, it is required that the applications for registration be attached to the letter of professions and a file containing the following documents:

·       Written request.

Documented documents for acquired professional qualifications.

A copy of the candidate's birth contract.

·       Residence certificate.

A copy of the case law.

Approval of the competent department for organized activities.

A copy of the title deed or the rent of the shop.

Proof of the presence of the shop.

For more information about craft activities, please refer to the craft activities blog.

The agricultural activity:

In the concept of Law No. 08-16 of August 3, 2008 containing agricultural guidance: “All activities related to control and exploitation of a biological cycle of a plant or animal nature that constitute one or several stages necessary for the course of this cycle, and such activities are considered That are taking place throughout the production work, especially for storing, packing, converting and marketing plant or animal materials, when these materials are exclusively derived from an investor. " In addition, a peasant investor is considered: "Every natural or corporate person engaged in peasant activity as defined in the above paragraph, participates in the management of the investor and benefits from its profits and bears the losses that may result from that."


The Chamber of Agriculture approved the Code of Peasant Activities and Classes of Professional Peasants.

   See list of activities.



The person concerned with registration in the agricultural register must go to the state agriculture room in which his investor is located, where a file on the professional peasant card application will be entered into a file containing the following documents:

·       Written request.

·       Residence certificate .

A copy of the increase contract.

Four (4) photographs.

·       A copy of the national identity card.

Title deed, lease contract, tenure certificate, administrative contract or other document related to the candidate student and the means of production (land or livestock).

Fishing activity and aquaculture:
Sea fishing craft:
An activity is conditional upon submitting the following documents:

School certificate or vocational rehabilitation,

A notebook to be delivered by the Navigation Directorate,

Registration in the tax register with the State Directorate for Marine Fishing,

A decision issued by the state directorate of marine fishing after submitting a certificate for the berth site.

Aquaculture:

Organized activity subject to the National Center for Commercial Registry,

The exploitation permit is delivered by the State Directorate of Administration and State Administration,

Maritime concession bond.

Free professions / professional organizations:

The free profession has the following advantages:


Supporting the work of perception and thinking: For example, we mention the lawyer who was unable to withdraw the case during his pleadings: assistance and performance, veto various laws, regulations and rules,



Independent professions:

 The proven meaning exercises its activity freely, as it is not bound by any compliance contract. However, this subjectivity does not absolve him of his moral responsibility in all his professional actions.



Personal contribution: 

In addition to the previous two features, we cannot practice a free profession unless its owner personally engages in this activity without resorting to others in the same capacity and subject matter.

Medical professions category:

 It comes to proven people practicing medical professions that mainly focus on medical and paramedical treatment, especially: surgeons, doctors, midwives, dentists and veterinarians.

Class of Judicial Professions:

This category pertains to persons confirmed as practicing activities and performances that are directly related to the judicial system, especially with regard to: lawyers, justice attorneys and translators.

Category of services and interests:

This category affects certified persons practicing occupations whose performance has a technical aspect such as: accounting experts and certified accountants, architects, engineers-consultants, commercial agents, photographers, insurance agents and independent believers, as well as legal and tax advice.








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