New law on domestic trade in the Union of the Comoros: what changes for businesses

The Union of the Comoros has adopted a new legislative framework applicable to domestic trade with the enactment of Law n°26-002/AU of June 15, 2026, on domestic trade. The text constitutes a major reform of the legal environment for businesses. It is not limited to regulating commercial practices: it redefines the conditions for carrying out certain activities, strengthens the identification of operators, reserves part of small-scale trade for nationals, and significantly increases the administration's inspection powers. For companies already present in the Union of the Comoros as well as for operators planning to conduct business there, several developments deserve immediate attention. ## A new framework for conducting trade The law first reorganizes the conditions under which commercial activity can be exercised in the territory. It acts on the identification of operators and the formalities to which they may be subject, particularly through the trader's card, while maintaining the necessary coordination with the Trade and Personal Property Credit Register (RCCM) and the rules derived from OHADA law. This distinction is important: the administrative obligations established by the new law are in addition to the uniform legal framework applicable to traders and businesses in the OHADA space. Operators must therefore verify not only their status with regard to the RCCM, but also their compliance with the new administrative requirements resulting from the legislation on domestic trade. ## Certain small-scale trade activities now reserved One of the most significant innovations of the reform concerns access to certain economic activities. While the law affirms the freedom to do business and industrial freedom, it simultaneously allows for certain small-scale trade activities to be reserved for nationals for considerations relating in particular to public order, food security, and economic sovereignty. The provision also concerns legal entities. In certain cases provided for by law, the exercise of a reserved activity requires that at least 75% of the capital be held by nationals. This development calls for particular vigilance on the part of foreign operators, who must now determine whether their activity falls within the scope of the new restrictions and, if so, whether their legal structure and shareholding are compatible with them. The situation of foreign companies already established must also be examined with attention, particularly with regard to transitional provisions as well as authorizations, titles, or commitments they may already hold.

New rules likely to affect commercial relations The reform does not only concern market access. It also regulates certain behaviors of operators. The law specifically addresses exclusivity practices when they are likely to create a monopoly situation or substantially restrict public access to a product or service. These provisions will need to be coordinated with legislation relating to competition, which the law itself reserves. The text also intervenes in a more unexpected area: the situation of a former employee engaged in a competing activity. It provides for a non-compete restriction that can produce its effects for three years under the conditions set by the law. Both companies and the employees concerned will therefore need to be attentive to the articulation of these new provisions with labor law and the stipulations of their contracts. ## Strengthened inspection powers The other major development concerns the means at the administration's disposal to ensure compliance with the regulations. The law establishes a true administrative police force for domestic trade, intended to allow the competent authorities to monitor operators more effectively and to sanction observed breaches. The mechanism provides for inspection powers and various measures likely to directly affect the exercise of economic activity, particularly the authorizations or licenses required for certain activities. For businesses, compliance with domestic trade regulations therefore becomes a matter that should no longer be considered only at the time of the business's creation. It must also be ensured throughout the duration of its operations.

A reform to be coordinated with OHADA law and sectoral legislation The new law is not, however, intended to replace all the rules already applicable to businesses. As the Union of the Comoros is a member of OHADA, matters governed by the Uniform Acts remain subject to uniform law. The law on domestic trade itself recognizes this articulation by expressly reserving the competencies attributed to OHADA law. The reform must also interact with other specialized legislation, particularly in terms of labor, competition, or the specific regimes applicable to certain economic activities. For operators, the reading of the new law cannot therefore be isolated: the compliance of an activity now depends on the articulation of several sets of rules. ## What businesses need to verify Following the entry into force of the reform, companies operating in the Union of the Comoros would be well-advised to conduct a review of their situation, focusing in particular on: - the regularity of their registration and the administrative formalities necessary for the exercise of their activity; - the possible classification of their activity among those subject to a restriction or reservation; - where relevant, the composition of their capital; - their authorizations, licenses, and other administrative titles; - their exclusivity agreements and certain commercial practices; - their non-compete clauses and practices; - and, for operators already established, the impact of the transitional provisions on their existing rights and activities. The law of June 15, 2026, thus marks a substantial evolution of the legal environment for trade in the Union of the Comoros. For businesses, the immediate challenge is less about knowing of the reform's existence than identifying precisely which of its new rules affect their activity and as of when. ## For further information The new law on domestic trade in the Union of the Comoros: between economic sovereignty and legal certainty Find our in-depth analysis of the reform, particularly its articulation with OHADA law, the scope of national economic preference, the situation of foreign operators, and the guarantees surrounding the new administrative inspection powers.