MOROCCO Law and Practice Contributed by: Loris Marghieri, Dounia El Aissaoui, Julien Nouchi and Mounia Larhrissi, Gide Loyrette Nouel
SCI There is no requirement to appoint a statutory auditor in an SCI, nor to file annual accounts. 6. Commercial Leases 6.1 Types of Arrangements Allowing the Use of Real Estate for a Limited Period of Time In Morocco, individuals, companies or organisa - tions can occupy property temporarily without purchasing it through lease agreements, usu - fruct, commodat (free lease), or authorisation for temporary occupation of private state land. 6.2 Types of Commercial Leases Moroccan law supplements general lease rules with specific regulations for commercial, profes - sional and residential leases. Law No 67-12 gov - erns residential and professional leases, mainly for independent professionals not engaged in trade or industry. Commercial leases are regulat - ed by Law No 49-16, which outlines their scope of application. A commercial lease must be granted by the landlord in accordance with Law No 49-16 for: • premises or buildings in which a business is operated; • premises or buildings regarded as an acces - sory to the main premises in which a business is operated; • premises consisting of undeveloped lands that will be developed and used to operate a business; • premises or buildings used for commercial, industrial and handicraft purposes and as part of the private state domain; and
• premises and buildings used as private schools, clinics or pharmaceutical laborato - ries. Pursuant to Law No 49-16, some premises may not be subject to a commercial lease arrange - ment, including: • premises or buildings that are part of the pub - lic state domain; • premises or buildings that form part of the private state domain but are used for the public interest; • premises or buildings incorporated in a habous; • premises or buildings rented following a court order; • premises or buildings located in a shopping mall; and • premises or buildings located in a dedicated zone gathering companies operating informa - tion technology, industrial or offshore activi - ties. A key feature of commercial leases is the ten - ant’s right to renewal. If the landlord terminates the lease before the agreed term, the tenant can claim eviction compensation, calculated based on the business’s value. 6.3 Regulation of Rents or Lease Terms Rents and lease terms are generally freely nego - tiable under the principle of party autonomy and contractual freedom. 6.4 Typical Terms of a Lease Duration Moroccan law does not regulate commercial lease durations, allowing parties to set any term. Tenants can freely transfer and renew leases. If leases are not renewed, tenants are entitled to eviction compensation based on business val -
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