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Commercial Transactions Law No. 50 of 2022 confirmed that its provisions apply to merchants and all commercial businesses, real or hypothetical, that take place in technical circles or through modern technological means carried out by any person, even if he is not a merchant, with the exception of companies that establish or contribute to it. It includes the federal government, local governments, institutions or agencies, in addition to branches of foreign companies that carry out commercial activities in the country.
The law permits a minor to trade when he has completed 15 years of age, according to the rules and conditions, with the opening of the field for non-citizens and the professionalization of women, on the condition of independence and financial separation from the husband.
The law prohibited anyone declared bankrupt or convicted of a crime from practicing the activity with fines amounting to 200,000 dirhams and closing the shop.
According to the law, there are 4 subject businesses:
The work carried out by the trader for matters related to his trade, and every work carried out by the trader is considered to be related to his trade unless proven otherwise.
Speculative activities carried out by a person, even if he is not a trader, with the intent of making a profit
Businesses that the law stipulates to be considered commercial businesses.
Business related or facilitating a business.
The law lists 17 businesses and defines their nature:
Buying tangible and intangible movables with the intention of selling them, whether they are sold as they are or after they have been transformed or manufactured.
Buying or renting tangible and intangible movables with the intention of leasing them.
Selling or renting movables purchased or leased in the manner indicated in the foregoing.
Banking, banking, stock market operations, investment company operations, credit funds, financial institutions and all other financial intermediation operations.
All transactions related to commercial papers, whatever the stakeholder deal is, and whatever the nature of the operations for which it was established.
All works related to marine and air navigation, including:
a. Constructing, selling, buying, leasing, repairing or maintaining ships and aircraft, and sea and air dispatches, including sea and air transport
B. Selling or buying equipment, tools, or materials for ships or aircraft, or supplying them.
c. Loading and unloading work.
Dr.. Marine and air loans.
Business related to the establishment of commercial companies.
current account.
Insurance of various types.
Sale by public auction, except for what is conducted by the judicial authorities.
Hotels, restaurants, cinemas, theaters, stadiums and amusement parks.
Production, sale, transmission and distribution of water, electricity and gas.
Issuing newspapers and magazines, whatever the purpose of issuing them, and achieving profit by publishing advertisements, news, and articles.
Postal and communications business.
Radio and television broadcasting, recording and photography studios.
Works of public warehouses and mortgages resulting from the funds deposited therein.
Virtual asset business.
While 16 businesses are considered commercial businesses if they are professionally practiced:
brokerage.
Commercial agency.
Commission agency.
Commercial representation.
Supply contracts.
Buying and selling land and real estate with the intention of profiting from selling it in its original condition or after its conversion or division.
Road transport.
Real estate works when the contractor undertakes to provide materials or workers.
Extractive industries of natural wealth resources.
Tourism, travel, export, import, customs clearance, service and use offices.
Printing, publishing, photography, recording and advertising.
Industry.
Livestock and fish business.
Renting the work of others and renting it for the purpose of renting.
Renting or renting houses, apartments and rooms, furnished or unfurnished, with the intention of re-renting them.
Creating, selling, renting and managing platforms, websites, smart applications, data, artificial intelligence and other digital transformation businesses.
Excluded business
The law lists 4 businesses that are not considered commercial, which is the sale of farms and crops resulting from the land that he owns or cultivates, even after converting them with the means he usually uses, unless this is a matter of professionalism. Sale in this case is considered a business.
Likewise, the practice of any activity related to agricultural tourism, whether for a fee or without, and this includes allowing others to enter the farm, buy and rent from it, visit it or stay overnight in it for a short period, with the aim of viewing or enjoying agricultural activities or watching or buying animals or purchasing their products. or learning, training, or other activities organized on the farm.
Thirdly, the work in which individuals rely on their physical or mental effort to obtain a measure of profit or for financial consideration, more than they depend on monetary capital.
Finally, the artist made a work of art himself or by using workers and sold it, and the author also printed his work and sold it.
virtual trade
With regard to virtual trade, the law permitted 3 cases for practicing commercial business, where it is permissible to practice business, establish or conclude commercial contracts, and conduct the transactions referred to in the previous article of the law by implementing, providing or issuing them, in whole or in part, in fact or hypothetically, through the means of modern technology. Or in technical circles in accordance with the provisions of the legislation regulating them.
Secondly, among the virtual businesses stipulated in this article is provision of services and conducting business and activities related to virtual assets, and the Council of Ministers issues legislation regulating virtual assets and their service providers.
It also applies to contracts and commercial transactions presented in technical circles or through the means of modern technology with established provisions regarding similar ones presented in a realistic manner.
merchants
The law clarified that everyone who works in his own name and for his own account in commercial business is in possession of due capacity when he takes this business as his profession.
Likewise, every company that carries on a commercial activity or takes one of the
