The most common business entity for foreign investors is the Algerian LLC (locally known as SARL)

Society Constitution
offshore in Algeria

Country analysis: legal structures

Everything you need to know to set up an operating company with a bank account.

1. Exchange of banking information

β€’ Banks are not subject to strict customer due diligence regulations (old FATF recommendation 5 / new FATF recommendation 10).

β€’ Banks are partially obliged to maintain sufficient records of customer and transaction data for law enforcement. (old FATF recommendation 10 / new FATF recommendation 11).

β€’ Banks and / or other covered entities are not required to report large transactions in currency or other monetary instruments to designated authorities.

2. Legal forms

LEGAL FORMS

The most common business entity for foreign investors is the Algerian LLC (known locally as SARL). However, foreign entrepreneurs can also choose to establish a PLC or representative office in Algeria.

The Algerian limited liability company (SARL)

The Algerian LLC can be constituted with only 1 shareholder and 1 director, and requires a minimum share capital of US $ 1000 (DZD 100,000). However, Algerian company law prohibits foreigners from having a majority stake (> 49%) in Algerian companies, so our Clients will need a national citizen to act as a local joint venture partner for the Algerian business setup.

All LLCs with an annual turnover of less than $ 120.000 will not be required to audit their annual statements. All other LLCs must appoint at least one auditor or are subject to a fine of up to $ 12,250.

The Algerian joint-stock company (SPA)

The Algerian Corporations Law requires the Algerian PLC to appoint at least 3 directors and 7 shareholders. At least one of the shareholders must be Algerian and the locals must own 51% of the company's share capital. In addition, a deposit of US $ 10.000 (DZD1 million) is required as the minimum paid-up share capital for the incorporation of the company in Algeria.

In Algeria, it is not mandatory for a PLC to be listed on the stock exchange. The company must appoint an auditor from a list of approved experts to act as statutory auditor for three years

The Algerian Representative Office (Liaison Office)

While the Algerian government has prohibited foreign companies from incorporating branches, they can still manage 100% foreign-owned representative offices that can only participate in:

  1. i) Market studies.
  2. ii) Promote the business of the parent company.

A representative office will require:

  1. i) Accreditation of the authorities every two years.
  2. ii) Deposit of US $ 20.000 in a frozen resident bank account.
  3. iii) A corporate account convertible into Algerian dinars with a minimum deposit corresponding to 3 months of operating costs

REMEMBER

UA resident director is required for all business entities in Algeria and a corporate director is not allowed. The holding companies are not available in Algeria.

OFFICES

Foster Swiss helps our Clients secure offices or we provide an office address. Most emerging markets require our Clients to have a 12-month office lease before company registration is approved.

We help our Clients overcome this challenge in the following ways:

Virtual office service

DDepending on the country and city, the rates range from US $ 900 to US $ 2000 and the annual active virtual office services range from US $ 1500 to US $ 4000).

Shared office space

LThe one-time fee is US $ 850. Thereafter, our Client pays the monthly rent directly to the owner).

Permanent office space

D Depending on the country and the city, the rates range from US $ 5.000 to US $ 8.000).

LEGAL ACCOUNTING AND TAXES

The standard corporate tax rate that applies to all net profits derived from Algeria is 26% for commercial and service activities, while the production of goods, tourism and construction pay reduced rates of up to 19%. Tax returns must be filed before
April 30

The standard VAT rate that applies to most goods and services in Algeria is 19%.

Capital gains are subject to a standard corporate tax rate of 26%. However, assets related to industrial, commercial and agricultural activities benefit from reduced rates of:

  1. i) 16% if they are kept for less than 3 years.
  2. ii) 7,5% if they are held for a longer period.

Payments made to non-resident companies are subject to withholding taxes, at rates of:

  1. i) 15% for dividends.
  2. ii) 10% for interest.
  3. iii) 24% for royalty payments.
  4. v) 15% for remittances from branches, unless the tax treaty rate is reduced.

Employers must remit social security contributions to the authorities on all wages at a rate of 26%. There is no payroll tax.

The tax rate payable on the transfer of land or buildings is 5% of the value plus an additional 1% for the advertising fee of the land.

Other taxes include:

  1. i) 2% tax on business volume.
  2. ii) 3% tax on the import of services.
  3. iii) 2% training tax on vocational training and apprenticeships.

Algeria has signed double tax treaties with 25 dependent countries and territories, including France, Italy, China, Canada, Indonesia, and the United Arab Emirates to reduce withholding tax on payments abroad.

Country problems

LForeigners cannot fully own Algerian companies and are required to find a local 51% joint venture partner. We can help our Clients meet this requirement.

Foreigners wishing to set up a company in Algeria must open a capital account, which will be used to inject the paid-up capital before the company is incorporated in Algeria.

Our Firm can meet this requirement without our Client traveling.

Before registering a company in Algeria, it is necessary to sign a lease for physical office space. Our firm can help our clients find an office space in Algeria without having to travel.

The official language of Algeria is Arabic. All corporate documents must be translated into French or Arabic, which increases translation costs.

Foreign companies cannot register a branch in Algeria.

Only representative offices are allowed.

Algeria is a difficult market: the local administration is corrupt and inefficient. The country is not open to international trade, although its application to join the World Trade Organization is
is in an advanced negotiation phase.

Corporate income tax is high in Algeria: 19% for manufacturing activities and 26% for most other activities. Dividends are subject to withholding tax at a rate of 15%, with only twenty-nine double tax evasion treaties to reduce such tax payments, mainly signed with other African countries.

An acute problem of corruption persists in different sectors of the Algerian economy. In fact, the biggest problem when incorporating a company in Algeria appears to be the inefficiency of its government bureaucracy.

MORE CONFIGURATION SERVICES SOLUTIONS

  • Shareholders and Agents
  • Office permits
  • Protection of trademarks and copyrights. - Market study.
  • Legal support
  • Proportion of details of temporary unions or associations
  • Fusions and acquisitions.
  • Internal control.
  • Group restructuring.
  • Financial management consulting.
  • Buy a business.
  • Valuation of companies.
  • Credit recovery
  • Job solutions
  • Due diligence search on existing companies and individuals

3. Commercial register

The national business registry does not understand the identity information of the legal owner, there are companies available where only some legal owners are registered.

4. Transparency of society

β€’ The national business registry does not include the identity information of the legal owner.

β€’ Updating the information on the identity of the legal owners is not mandatory.

β€’ Bearer shares are available / circulating / not registered with a public authority.

β€’ Information on legal owners is not always available online (up to 10 EUR / GBP / USD).

5. Shareholders publications

The registry of national companies includes the identity information of the final beneficiary.

Real property is not always available online. (up to 10 EUR / GBP / USD)

6. Publication of the company account

β€’ It is mandatory to keep accounting data.

β€’ Company accounts are not always online (up to € 10 / US $).

7. Country-by-country financial reports

No country-by-country public reporting at all.

8. Corporate tax return

β€’ There is no requirement for local submission of a global country-by-country reporting file (in accordance with OECD BEPS Action 13) by large corporate groups (with a worldwide turnover of more than 750 million euros) and subsidiaries local foreign groups.

β€’ Unilateral cross-border tax rulings (eg advance tax rulings, advance tax rulings) are available in laws or regulations, or administrative practice.

9. Identifier of legal entities

β€’ The use of an annually updated Legal Entity Identifier (LEI), developed under the guidance of the Financial Stability Board, FSB, is not mandatory.

β€’ The use of an annually updated Legal Entity Identifier (LEI), developed under the guidance of the Financial Stability Board, FSB, is not mandatory for some financial market operators.

β€’ The use of an LEI updated annually for the identification of reporting financial institutions (in accordance with the Common Reporting Standard (CRS) is not mandatory

10. Measures to avoid tax evasion

There is no unilateral tax relief for double taxation through a tax credit system

11. Tax matters judicial secrecy

None or restricted access to both criminal and civil tax procedures.

None or restricted access to both criminal and civil tax judgments / verdicts.

12. Opaque structures

β€’ The jurisdiction does not accept the circulation of large notes / cash notes of its own currency. (with a value greater than 200 EUR / GBP / USD).

β€’ Bearer shares available but status unknown.

β€’ Series LLC / Shielded Cell Companies are not available.

13. Anti-money laundering legislation

Algeria is no longer on the FATF list of countries that have been identified with strategic AML deficiencies.

The FATF welcomes Algeria's significant progress in improving its AML / CFT regime and notes that Algeria has established the legal and regulatory framework to meet its commitments in its action plan regarding the strategic deficiencies that the FATF had identified in October 2011. Therefore, Algeria is no longer subject to the FATF monitoring process under its ongoing global AML / CFT compliance process. Algeria will work with MENAFATF as it continues to address the full range of AML / CFT issues identified in its mutual evaluation report.

The extent of money laundering through Algeria's formal financial system is understood to be minimal due to strict regulations and a banking sector dominated by state-owned banks. The Algerian authorities closely monitor the banking system. The Algerian financial system is very bureaucratic and provides for numerous controls on all money transfers. The constant prevalence of archaic paper-based systems and bank officials not trained to function in the modern international financial system further deters money launderers, who are more likely to use
sophisticated transactions.

14. Automatic exchange of information

The automatic exchange of information is extremely secret in Algeria.

Algeria is not a signatory to the Multilateral Competent Authority Agreement (MCAA), which provides the multilateral legal framework to participate in the automatic exchange of information (AEOI) in accordance with the Common Information Standard (CRS) of the OECD.

What type of private banking exists in Algeria?

International Banking
Local banking

Central bank security ⭐⭐⭐

The international and digital banks They're available.

CRS: YES.

Real bank operations: 90%.

Type of visa: KZT, US $, €.

Joint accounts: SI.

Remote management account: To consult.

Asset management Depending on the rating of the company.

Rates: It depends on the type of account.

Credit / debit cards in local currency.

Crypto friendly banks: It depends on the correspondent bank.

Portfolio availability: It does not depend on the correspondent bank.

Ability to issue letters of credit: SI.

Why with Foster Swiss?

Foster Swiss is an international company registered in Switzerland aimed at providing financial and compliance advice on a variety of topics related to company formation
and commercial banking internationally. We are specialized in the implementation of businesses in different jurisdictions, which means that we offer value-added services helping our clients in their expansion abroad.

Some of these services include:
Advice and consultancy,
visas, offices, nominated director / shareholder / secretary,
accommodation if necessary… to name a few.
Check with your assigned consultant for more information.

TAll you need to know to set up an operating company with a bank account.

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