A domiciliation contract is an agreement between a company called the “domiciliataire” and another company called the “domiciliée”.
This deed commits the domiciliary to establish the registered office of the domiciled company in its place of residence.
GENERAL INFORMATION
The services offered to the “domiciled” company include :
- telephone and e-mail switchboard;
- mail management;
- a reception office to accommodate the company’s management, administrative and supervisory bodies, as well as the services needed to keep and consult the books, registers and documents required by laws and regulations;
The contract, as a legal document, must be registered with the tax center in the district (known as the “fokontany”) where the domiciliary company is located, and must be drawn up in at least 3 copies, one for each party concerned and one for the center at which registration was carried out.
When a company is set up, it is necessary to have an address for the registered office so that it can obtain a registration number with the Registre de Commerce et des Sociétés or RCS. It is important to note that the owner of the premises must have a certificate of legal status or a copy of the title deed. An administrative, legal and tax address must be specified in the company’s articles of association and in all its administrative and commercial documents.
IMPORTANT CLAUSES IN A DIRECT DEBIT CONTRACT
The following information must be provided in this document :
- Company name, contact details, Tax Identification Number or NIF, statistical number, RCS number and the name of each legal representative of both parties;
- The purpose of the contract, indicating the residence address and the nature of the services offered;
- The commitments of each party ;
- The minimum duration of the contract must be more than 3 months;
- Direct debit rent and payment terms ;
- Contract termination clause;
OBLIGATIONS OF BOTH PARTIES
Before carrying out any activity relating to company domiciliation, the domiciliary must first :
- Must be authorized by the Préfecture de Police of the department concerned;
- Obtain a written agreement from the owner (lessor) of the premises to domicile the premises if the lessee is a tenant;
- The domiciliary must undertake to inform the domiciliary of any changes to its corporate purpose, legal representative and legal form;
With regard to the tax obligations associated with domiciliation, “the domiciliary and the domiciled are jointly and severally liable to the tax authorities for the payment of all duties, taxes and levies for which the domiciliary is liable”, according to the current General Tax Code.
THE ADVANTAGES OF COMPANY DOMICILIATION
Opting for a company domiciliation allows you to :
- Free yourself from the constraints associated with occupancy of premises, i.e. producing a certificate of legal status or a copy of the title deed;
- Reduce the cost of renting premises and purchasing office furniture;
- A physical address with forwarding and mail management capabilities;
- Possibly a room for decision-making at an annual general meeting of associates;
Domiciliation is an integral part of the services offered by MDG Services. By domiciling your company with MDG Services, you benefit from the infrastructure used to house your head office in downtown Antananarivo Madagascar, in return for a judicious cost that won’t put your project at risk, especially for new companies. Contact us via our website for more information.