ARSP RDC: Nouvelles Conditions Sous-Traitance RDC en Vigueur Décembre 2026

• The Autorité de régulation de la sous-traitance dans le secteur privé (ARSP) has introduced new, stricter regulatory requirements for subcontracting companies in the DRC.
• These new conditions, effective December 1, 2026, aim to enhance transparency and ensure effective participation of Congolese shareholders.
• Companies must provide sworn declarations of beneficial owners, certified shareholder and management agreements, and proof of dividend payments to Congolese shareholders.
• Dividends must be paid into DRC-domiciled bank accounts annually, and a valid tax clearance certificate is now mandatory for registration or maintenance.
• Non-compliance with these new requirements could lead to the rejection of registration applications or the withdrawal of existing subcontracting certificates.

Any failure to adhere to these updated requirements could result in the outright rejection of a new registration application.

The Autorité de régulation de la sous-traitance dans le secteur privé (ARSP) has announced significant new regulatory requirements for subcontracting companies operating in the Democratic Republic of Congo. These ARSP nouvelles conditions sous-traitance RDC are set to take effect on December 1, 2026, marking a pivotal shift in the operational framework for businesses in this sector. The primary objective behind these stringent measures is to enhance transparency, particularly concerning the true ownership of companies and the equitable distribution of profits to Congolese shareholders.

Beyond the declaration of Propriétaires effectifs sous-traitance RDC, businesses must also furnish certified copies of their shareholder agreements, where such documents exist, alongside their management agreements. These submissions aim to provide the ARSP with a clear understanding of internal governance and operational control. Furthermore, a crucial aspect of the new regulations involves demonstrating compliance with existing profit-sharing mandates.

Companies must provide concrete evidence of Dividendes actionnaires congolais sous-traitance, ensuring that these payments are made into bank accounts domiciled within the Democratic Republic of Congo at the conclusion of every financial year. This stipulation reinforces the legal requirement that Congolese shareholders must collectively hold a minimum of 51% of the share capital in subcontracting firms. Additionally, a valid Quitus fiscal sous-traitance RDC, or tax clearance certificate, will become an indispensable document for both initial registration and the ongoing maintenance of a company's status within the system.

These comprehensive new provisions are rooted in the Loi 30 juin 2026 sous-traitance RDC, which serves to amend and complement the earlier Law of February 8, 2017, governing subcontracting within the private sector. The ARSP has explicitly stated that the enforcement of these measures will commence on December 1, 2026. The implications for non-compliance are severe and immediate.

Any failure to adhere to these updated requirements could result in the outright rejection of a new registration application. For companies already operating, non-compliance carries the significant risk of the withdrawal of an existing subcontracting certificate. The ARSP's overarching goal through this reinforcement of registration conditions is to foster a more transparent subcontracting environment and to guarantee the meaningful and effective participation of Congolese shareholders in the enterprises operating within their national economy.

Lawyers and compliance officers must advise clients operating in the DRC's subcontracting sector to immediately review their corporate structures, beneficial ownership declarations, shareholder agreements, and dividend payment processes to ensure full compliance with the new ARSP regulations by December 1, 2026, to avoid registration rejection or certificate withdrawal.

Source: Original reporting via ARSP communiqué