Distribution Contract in Morocco

Like many countries in the world, Morocco has not adopted specific legislation on distribution. This does not mean, however, that the Moroccan legal system does not provide for the possibility of establishing legitimate and profitable commercial relationships with Moroccan distributors.

The absence of specific legislation in force on the Moroccan territory means, in fact, that the parties to a distribution contract remain free to regulate their distribution relationship. Consequently, it will be left to the mere will of the parties:

the granting, or not, of the exclusive / unilateral or reciprocal;
the indication, more or less specific, of the distributor's obligations (ie sales promotion and customer service, market monitoring, obligations to comply with the service standards set by the manufacturer, obligation to collaborate in product recall procedures; competition, etc ...);
any warranty obligations assumed by the manufacturer;
the terms and conditions for the supply of products (i.e. prices and payment methods, price adjustment methods, orders and related supply scheduling methods (forecasts), delivery methods and terms (indicative or mandatory);
the protection of trademarks and patents;
any causes that give rise to an immediate termination of the contract;
the applicable law;
the competent court.

Considering that, in some countries - including the member countries of the European Union -, the law and jurisprudence impose on the principal company the obligation to pay the distributor, like a commercial agent, an indemnity in the event of dissolution of the relationship. Where the foreign entrepreneur signs a distribution contract with a Moroccan subject, it will be advisable to carefully evaluate the opportunity to subject the relationship to the law of Morocco.

The absence of specific legislation on distribution, in fact, means that in the event of termination of the relationship, no indemnity will be provided for the distributor.

The Country

The Agency Contract

Import & Export

The Commission Contract

Trademark Protection

The Franchise Contract

The Sale and Purchase Contract

SERVICES OFFERED IN MOROCCO

» ESTABLISHMENT OF COMPANIES, BRANCHES AND REPRESENTATIVE OFFICES

» ACQUISITION OF INDUSTRIAL GROUPS AND DUE DILIGENCE

» DRAFTING OF CONTRACTS IN COMPLIANCE WITH LOCAL LAWS

» INTELLECTUAL PROPERTY PROTECTION AT ALL LEVELS

» OBTAINING LICENSES, AUTHORIZATIONS, PERMITS FROM LOCAL AUTHORITIES

» DUE DILIGENCE ON MOROCCAN COMPANIES AND, IN GENERAL, ON NATURAL AND LEGAL PERSONS

» EXTRA-JUDICIAL ASSISTANCE IN TRADING WITH HIGH PROFILE ARABIAN AND ITALIAN LANGUAGE LEGALS

» CREDIT RECOVERY

» JUDICIAL PROCEEDINGS BEFORE THE MOROCCAN COURTS

» WIDE RANGE OF SERVICES IN THE FIELD OF INTERNATIONAL PRIVATE LAW

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