Creating a Community Enterprise in Tunisia: A Step-by-Step Guide
Establishing a community enterprise in Tunisia involves a series of administrative steps that ensure the company complies with local and regional norms. According to a Hanen Ganouba accounting firm, this guide provides a detailed roadmap to help you navigate this process.
Formation of the Founding Committee and Election of the President
The first step is to establish a founding committee, comprising the members who created the community enterprise. During the first meeting, the president of the committee must be elected. This procedure must be validated by a meeting minutes document.
Notification to the Supervisory Authority
After the founding committee is established, it is necessary to notify the competent authority, which will supervise the respect of regulations applicable to the community enterprise.
Reservation of the Company Name
The founders must reserve the company name through the national register of enterprises. It is mandatory to indicate whether the enterprise is a local or regional community enterprise during this process.
Preparation of the Draft Constitutive Act
The founders must prepare a draft constitutive act based on an existing model, then have it approved by all members of the founding committee. The constitutive act must be deposited with the clerk of the court of first instance before any subscription process.
Publication of Company Information
Before any capital subscription, an announcement must be published in the official journal and two daily newspapers, one of which must be in Arabic. This publication must contain information about the company, including the amount of the social capital and the subscription modalities. The announcement must also be posted at the town hall and in the local administration offices.
Subscription of Shares
Participants must register and subscribe to the company, recording their contribution in a subscription book. This step is crucial to validate the participation of members in the enterprise.
Convening the Constitutive General Assembly
The constitutive general assembly must be convened through an announcement published in the official journal and two daily newspapers. Posters must also be placed at the company's address and in its potential branches, as well as at the town hall. The general assembly must be held at least 15 days after the publication of the announcement and must allow for:
- Validation of the list of subscribers
- Approval of the company's internal regulations
- Examination of contributions in kind, if any
- Appointment of an auditor
- Election of the members of the board of directors
Release of the Social Capital
The founders must proceed with the full release of the subscribed social capital. This means that the total amount announced for the social capital must be paid before proceeding with the formalities.
Obtaining the Tax Identification Card (Patent)
The company must obtain a tax identification card, issued by the tax authority. The identification of a "beneficial owner" of the company is also mandatory, according to Government Decree No. 54 of 2019.
Filing the Dossier with the National Register of Enterprises
A complete dossier, including the constitutive act, must be filed with the national register of enterprises for the official registration of the community enterprise.
Filing the Management System and Extract from the Register
A copy of the company's management system and an extract from the register of enterprises must be filed with the governor of the region for local enterprises or with the minister in charge of the economy for regional enterprises.
