Legal FAQ
Moroccan Law – Frequently Asked Questions !
Family & Personal Law
Yes, foreigners can get married in Morocco, either to another foreigner or to a Moroccan citizen. However, the process involves several legal and administrative steps, including obtaining a certificate of legal capacity to marry, notarized documents, and approval from Moroccan authorities. The marriage must be performed under Moroccan law and registered accordingly.
To marry in Morocco, the following conditions must be met:
Both parties must be of legal age (18 or older).
A foreigner must provide a certificate of legal capacity to marry issued by their home country’s embassy.
Birth certificates, passport copies, and proof of religion may be required.
If one party is Moroccan, the marriage must be approved by the Family Judge.
All documents must be translated into Arabic and legalized.
Marriage must be concluded in front of an Adoul (Islamic notary) for Muslims, or in civil form for non-Muslims with special authorization.
Divorce in Morocco is regulated by the Family Code (Moudawana). There are several types of divorce, including:
Talaq (divorce initiated by the husband),
Khula (divorce initiated by the wife in exchange for financial compensation),
Judicial divorce based on harm or non-fulfillment of marital obligations.
Divorce requires a court procedure, and the judge will ensure that rights related to children, alimony, and housing are respected. For foreigners, it is advisable to seek legal assistance to ensure recognition of the divorce abroad.
Under Islamic inheritance law applied in Morocco, a non-Muslim cannot inherit from a Muslim, and vice versa, as per the traditional Sharia rules. However, a Muslim may leave a will (wasiyya) to a non-Muslim beneficiary, but it cannot exceed one-third of the estate, unless approved by the other heirs.
This issue can be complex in mixed-nationality or mixed-religion families, so legal advice is strongly recommended.
The legal age for marriage in Morocco is 18 years for both men and women. However, the Family Code allows judges to authorize marriage below 18 in exceptional circumstances, based on the minor’s physical and psychological maturity, and the judge’s evaluation of the child’s best interests.
In practice, such authorizations are granted through a judicial process and remain controversial due to concerns about child marriage.
Traffic & Criminal Law
If you receive a traffic fine in Morocco, you must pay it either on the spot (in certain cases), online, or at a local police or gendarmerie station. The fine amount depends on the severity of the violation. Failure to pay may result in additional penalties or court summons. Repeat offenses can lead to license suspension or vehicle impoundment.
In general, unpaid civil debts do not lead to imprisonment in Morocco. However, if the debt is related to criminal matters (e.g., fraud, issuing bad checks), legal action can lead to arrest and prosecution. Creditors may also obtain a court judgment and enforce it through asset seizure or wage garnishment.
Moroccan law strictly prohibits the possession, use, and trafficking of drugs. Penalties can be severe, including:
Imprisonment from 1 to 5 years for simple possession,
Longer sentences (up to 30 years or life imprisonment) for trafficking,
Fines ranging from 500 to several thousand dirhams.
Foreign nationals are subject to the same penalties and may face deportation after serving their sentence. Moroccan law does not tolerate recreational drug use.
Morocco does not have a formal “bail” system like some other countries. However, the investigating judge or public prosecutor may grant conditional release pending trial, especially for minor offenses. Factors include:
Nature of the offense,
Risk of flight,
Prior criminal record.
In serious cases, pretrial detention may be ordered. Legal representation can help request conditional release or appeal detention decisions.
Under Moroccan law, police can detain a person without a warrant if they are caught in the act (flagrante delicto) or if there is sufficient evidence of a crime. However, detention is limited:
Up to 48 hours for most crimes (renewable once with prosecutor approval),
Up to 96 hours for serious crimes or terrorism-related offenses.
The detained person must be informed of their rights and brought before a judge within the legal timeframe. Any detention beyond that without judicial review is unlawful.
Company Formation & Business Law
A foreigner can legally start a company in Morocco without the need for Moroccan citizenship or residency. The process includes:
Choosing a business structure (commonly an LLC/SARL),
Reserving a company name through the OMPIC platform,
Drafting and notarizing the articles of association,
Registering with the Regional Investment Center (CRI),
Obtaining a tax ID (ICE), patente number, and registration with the CNSS if hiring employees.
The entire process can typically be completed within 1 to 2 weeks, especially with legal assistance.
Moroccan business law recognizes several company structures, the most common being:
SARL (Société à Responsabilité Limitée) – Limited Liability Company
SA (Société Anonyme) – Joint Stock Company
SNC (Société en Nom Collectif) – General Partnership
SCS (Société en Commandite Simple) – Limited Partnership
Auto-entrepreneur – For individuals under simplified tax regime
The SARL is the most popular form for small to medium-sized businesses due to its flexibility and limited liability.
There is no legal minimum capital required to start an SARL in Morocco. The law allows incorporation with as little as 1 MAD. However, in practice, companies typically start with 10,000–100,000 MAD in capital to appear more credible to banks, clients, and partners.
No, a foreigner can own 100% of a Moroccan company, including SARLs and SAs. There is no requirement for a Moroccan partner, except in specific regulated sectors such as:
Media and press,
Agriculture (for certain land uses),
Some professional activities (e.g., pharmacies, law firms).
Foreign ownership is otherwise fully permitted and encouraged under Moroccan investment law.
Corporate tax (Impôt sur les Sociétés) in Morocco is applied progressively based on annual net profits:
12.5% for profits ≤ 300,000 MAD,
20% for profits from 300,001 to 1,000,000 MAD,
35% for profits > 1,000,000 MAD.
Additional taxes may apply:
Value Added Tax (VAT): 20% standard rate,
Professional tax (Patente),
Social solidarity contributions for high-earning companies.
Morocco offers tax incentives and exemptions for certain sectors and in free zones like Casablanca Finance City.
Real Estate Law
Yes, foreigners are generally allowed to buy property in Morocco, including residential and commercial real estate. However, certain restrictions apply:
Agricultural land cannot be purchased by foreigners unless they obtain special authorization or convert the land for non-agricultural use.
Buying land near borders or military zones may also require government approval.
Foreign buyers are advised to consult a local lawyer and notary to ensure legal compliance and secure property rights.
The property registration process involves several key steps:
Preliminary agreement (promesse de vente),
Verification of property title and absence of liens or debts,
Signing the final sales contract before a notary public,
Payment of taxes and notary fees,
Submission of documents to the Land Registry (Conservation Foncière).
Registration usually takes a few weeks and officially transfers legal ownership to the buyer. It is crucial that the property be titled and registered to avoid future legal disputes.
Yes, real estate transactions in Morocco must be completed in the presence of a notaire (public notary). The notary’s role is to:
Verify the legal status of the property,
Ensure all parties meet legal requirements,
Draft and authenticate the sales deed,
Collect taxes and fees,
Register the transaction with the Land Registry.
The notary is a neutral public officer, and their presence is mandatory for the transaction to be valid.
Yes. The Moroccan government imposes restrictions on land acquisition near national borders, coasts, or military zones to protect strategic interests. Foreigners must obtain special authorization from the Ministry of Interior or other competent authorities to purchase land in such zones.
Additionally, coastal land may fall under public maritime domain, which cannot be privately owned but may be leased under certain conditions.
Inheritance in Morocco is primarily governed by Islamic (Sharia) law, which applies to Moroccan nationals and sometimes to foreigners domiciled in Morocco. Key features include:
Fixed shares for heirs such as spouse, children, and siblings,
Non-Muslims cannot inherit from Muslims, and vice versa,
A person may leave a will (wasiyya) for up to one-third of the estate to non-heirs,
Property must be registered with the Land Registry to ensure smooth transfer.
Foreign nationals may choose to apply their national inheritance law, but this must be clearly documented and may still require Moroccan court validation.
General Legal System
Yes, foreigners are generally allowed to buy property in Morocco, including residential and commercial real estate. However, certain restrictions apply:
Agricultural land cannot be purchased by foreigners unless they obtain special authorization or convert the land for non-agricultural use.
Buying land near borders or military zones may also require government approval.
Foreign buyers are advised to consult a local lawyer and notary to ensure legal compliance and secure property rights.
The property registration process involves several key steps:
Preliminary agreement (promesse de vente),
Verification of property title and absence of liens or debts,
Signing the final sales contract before a notary public,
Payment of taxes and notary fees,
Submission of documents to the Land Registry (Conservation Foncière).
Registration usually takes a few weeks and officially transfers legal ownership to the buyer. It is crucial that the property be titled and registered to avoid future legal disputes.
Yes, real estate transactions in Morocco must be completed in the presence of a notaire (public notary). The notary’s role is to:
Verify the legal status of the property,
Ensure all parties meet legal requirements,
Draft and authenticate the sales deed,
Collect taxes and fees,
Register the transaction with the Land Registry.
The notary is a neutral public officer, and their presence is mandatory for the transaction to be valid.
Yes. The Moroccan government imposes restrictions on land acquisition near national borders, coasts, or military zones to protect strategic interests. Foreigners must obtain special authorization from the Ministry of Interior or other competent authorities to purchase land in such zones.
Additionally, coastal land may fall under public maritime domain, which cannot be privately owned but may be leased under certain conditions.
Inheritance in Morocco is primarily governed by Islamic (Sharia) law, which applies to Moroccan nationals and sometimes to foreigners domiciled in Morocco. Key features include:
Fixed shares for heirs such as spouse, children, and siblings,
Non-Muslims cannot inherit from Muslims, and vice versa,
A person may leave a will (wasiyya) for up to one-third of the estate to non-heirs,
Property must be registered with the Land Registry to ensure smooth transfer.
Foreign nationals may choose to apply their national inheritance law, but this must be clearly documented and may still require Moroccan court validation.