Business
A 2000 commercial companies code with a 2016 investment law
The Code des Sociétés Commerciales of 2000 governs company forms, and Law 2016-71 restructured investment incentives and created the Tunisian Investment Authority.
Key rules
- Jurisdiction — Commercial chambers of the courts of first instance. The Instance Tunisienne de l'Investissement handles authorisations above defined thresholds.
Governing law
- Code des Sociétés Commerciales, Law 2000-93
- Investment Law 2016-71
- Commercial Code, Law 1959-129
- Law 2015-36 on competition and prices
In practice
Tunisia's offshore and onshore distinction historically shaped structuring — companies exporting substantially all output enjoyed a separate tax and customs regime — and successive reforms have narrowed but not eliminated that dualism, so the export status of an entity remains a live structuring question. Law 2016-71 replaced the old investment code, created a negative list of sectors requiring authorisation, and guaranteed transfer of capital for qualifying foreign investment, which matters because exchange control under the Central Bank remains restrictive. Foreign participation above 50 per cent in certain service activities requires approval. Enforcement of security interests and the registry infrastructure are functional but slow, and insolvency reform under Law 2016-36 introduced a formal rescue procedure.