The Authority for the Regulation of Subcontracting in the Private Sector (ARSP) hereby informs subcontracting companies, principal companies and all stakeholders concerned by subcontracting regulations in the Democratic Republic of Congo of the new legal provisions in force for obtaining or maintaining the registration certificate.
Pursuant to Article 9 bis, paragraphs 1, 2, 3 and 4 of Law No. 26/017 of June 30, 2026 amending and supplementing Law No. 17/001 of February 8, 2017 laying down the rules applicable to subcontracting in the private sector, every subcontracting company is now required, in order to obtain or maintain its registration certificate, to submit the following documents:
- A sworn declaration of the actual owners (beneficial owners) of the company;
- A certified true copy of any existing shareholders’ agreement or management agreement;
- Proof of effective payment of dividends to Congolese shareholders, in proportion to their shareholding (minimum 51%), made exclusively through bank accounts domiciled in the Democratic Republic of Congo at the end of each financial year;
- A valid tax clearance certificate.
This provision reinforces Article 4 of Ministerial Order No. 02/CAB/MIN/CMPMEA/2021 of January 6, 2021 laying down the conditions and procedures for the identification and registration of companies eligible to carry out subcontracting activities in the private sector.
The ARSP calls on all companies operating in the subcontracting sector to take all necessary measures to comply strictly with these legal requirements from December 1, 2026.
Any failure to comply will result in the rejection of the registration application or the outright withdrawal of the registration certificate already issued, in accordance with the law.
To read the full text of the Communiqué, please download the official PDF document.