Company name registration in Iraq

How to register a foreign company in Iraq?

Foreign company branches system No. (2) for the year 2017

The first step for any foreign company to start a commercial business is to be registered under the Iraq law and regulation. The Company Registrar under the Ministry of Trade is the competent authority to register any foreign company. Various laws and regulations such as the amended Company Law No. 21 of 1997, Registration Agency Law No. 4 of 1999, General Company Law No.22 of 1997, Commercial Agency Regulating Law No.51 of 2000 apply. To register a Branch, the following requirements must be fulfilled:

A registration request signed by the director of the company's branch in Iraq and sealed by the company with the addition of contact information that does not require authentication from the Iraqi embassy.

The decision to open the branch in Iraq with an order to appoint the branch manager with his powers and authorize the attorney in charge of registration certified by the Iraqi embassy.

A pledge submitted by the foreign company signed by the director of the company’s branch in Iraq certified by the Iraqi embassy.

The certificate of incorporation certified by the Iraqi embassy.

The articles of incorporation or the company’s bylaws certified by the Iraqi embassy.

A copy of the last final accounts of the company or institution with the report of the Board of Directors attached to these accounts, certified by the Iraqi embassy.

Submit a document audited by a competent and independent authority indicating the financial position of the foreign economic company or institution if there is a legal impediment preventing the submission of final accounts certified by the Iraqi embassy.

A document showing the names of the members of the Board of Directors certified by the Iraqi embassy.

A colored photocopy of the passport of the company’s branch manager in Iraq (for foreigners) if a foreign manager has been appointed for the branch, the identity of the civil status, the ration card, the nationality certificate, and a housing confirmation letter issued by the municipal council or a residence card if an Iraqi director has been appointed for the branch A colored personal photo of the branch manager

Notes

Please send all the above-mentioned documents via e-mail before starting to certify them from any official body so that they can be studied and audited by our Team.

• The company incorporation date should not be less than two years.

• The financial position of the company should not be recorded in its balance sheets as a loss.

The work of the two points above shall be suspended if the company signed a contract with an official party in Iraq.

It is not required for the director of the company’s branch to be an Iraqi or a foreigner residing in Iraq.

The difference between a branch and representation office of a foreign company

The difference between a branch and representation office of a foreign company as defined in article (1) of the regulation is - 1-A company branch or economic enterprises is allowed under this regulation of companies branches or foreign enterprises whose activities were always in Iraq under a treaty or a contract with the state or contracting for implementation of certain project with the state offices. 2- A representation office is allowed under this regulation for market study and the possibility of work or production or identification for the products and services or contact facilities. A representative office is prohibited from practicing any trading activities or agency.

The required period to finish the registration procedures: The approval shall be obtained to register a branch for a foreign company in compliance with the provisions of article (3-second) of above regulation. The registration procedures takes 3 days in case of submitting all documents required for regulation and relating instructions - The approval of the minister shall be obtained to register a representations office in conformity with the provisions of article (3-third) of branch of representative offices of foreign companies and economic corporations regulation No.(5) of 1989.