Law 69.21, which amended the Commercial Code, turned payment terms between businesses into a monitored and sanctioned obligation. Phased in according to turnover, it has applied since 1 January 2025 to companies with turnover between 2 and 10 million DH. For them, financial year 2026 brings quarterly filings. Here is a reminder of the rules, with a few contractual reflexes.
A phased timetable
Adopted in July 2023, the reform applies gradually. Companies with turnover above 50 million DH were covered first, those between 10 and 50 million DH from January 2024, and those between 2 and 10 million DH since 1 January 2025.
All invoices are covered, with no exception for amounts below 10,000 DH. A small invoice paid late therefore counts just as much as a large one for penalties and filings.
Time limits: 60 days, 120 days at most
The payment term is 60 days by default, from the invoice date. The parties may agree on a longer term, up to 120 days. Practical guides published in 2026 also mention sector-specific derogations of up to 180 days: check, sector by sector, whether such a derogation applies.
The invoice must be issued no later than the last day of the month of delivery. Otherwise, the term runs from the end of the month of delivery. Invoicing late therefore does not push back the starting point.
Filings on the Simpl platform
Companies concerned report their payment terms on the Simpl platform of the Direction générale des impôts (tax administration). For the 2 to 10 million DH bracket, the annual filing for financial year 2025 was due before 1 April 2026.
From financial year 2026, filing for this bracket becomes quarterly: it must be submitted before the end of the month following each quarter. This requires regular monitoring of supplier invoices rather than a one-off exercise at year end.
Fines
In case of late payment, a fine is calculated on the invoice amount: the Bank Al-Maghrib policy rate applies for the first month of delay, then 0.85% for each additional month or part of a month. As the policy rate changes, refer to the rate applicable at the time of the delay.
Failing to file, or filing late, is also penalised, from 5,000 DH for companies with turnover between 2 and 10 million DH up to 250,000 DH for those above 500 million DH. An incomplete filing also exposes the company to 5,000 DH per missing or incorrect invoice.
The payment date and cheques
Which date shows that an invoice has been paid? The prudent practice is to use the date the bank account is debited or the transfer date. Whether handing over a cheque to the supplier counts is debated: it is safer not to rely on the handover date alone to consider yourself on time.
Adapting contracts and organisation
Our advice: use the switch to quarterly filings to review your general terms of purchase and sale.
- State the payment term expressly and check it does not exceed 120 days, unless an applicable sector derogation exists.
- Organise invoicing so that invoices are issued within the month of delivery.
- Set clear delivery and acceptance arrangements.
- Align the payment date in the contract with the actual debit date.
- Put in place internal tracking of due dates that feeds directly into the filings.
Sources
- Médias24, 27 December 2024: « Loi sur les délais de paiement : quelles dates retenir pour éviter les pénalités ? »
- Ordavia, 5 October 2026: practical guide on payment terms
- mparsio, 19 September 2026: practical guide on payment terms
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.