Country investment factsheet · OHADA business law
Legal & tax framework for investment — June 2026 edition
Series: OHADA country factsheets — a country-by-country overview of investment across the OHADA area.
A mining and energy nation of West Africa, Niger is among the world’s leading uranium producers and has entered a new oil era with the 2024 commissioning of the Niger-Benin pipeline linking the Agadem basin to the Atlantic coast. A member of the unified OHADA legal area and of WAEMU — a single-currency monetary zone pegged to the euro — the country offers investors business law harmonised across 17 states. This factsheet summarises the macroeconomic, tax and legal data relevant to an entry decision, with particular focus on the legal securing of the investment.
Niger at a glance
A harmonised business-law framework
- OHADA — Niger applies the uniform business law of the Organisation for the Harmonisation of Business Law in Africa (17 member states, 9 Uniform Acts: companies, security interests, debt recovery, insolvency, arbitration, etc.). Disputes may be brought before the CCJA (Common Court of Justice and Arbitration), whose awards are enforceable across the 17 states.
- WAEMU — an 8-state economic and monetary union (central bank: BCEAO); free movement of goods and a common foreign-exchange framework. Reference: uemoa.int.
- Revised SYSCOHADA accounting — the mandatory accounting framework, readable by any investor across the zone.
- Also a member of the African Union, the AfCFTA, the WTO, OAPI (intellectual property) and CIMA (insurance).
Common OHADA company forms
| Form | Minimum capital | Typical use |
|---|---|---|
| SA (public limited co.) | XOF 10,000,000 | Codified governance, access to public savings |
| SAS (simplified joint-stock co.) | Set freely by the by-laws | Statutory flexibility — joint ventures, holdings |
| SARL (LLC) | Set freely by the by-laws | Simpler projects, light structure |
| Branch | Attached to the foreign company | OHADA duration limit to anticipate |
Registration with the RCCM; Investment Code one-stop shop (regulated processing timeline).
Tax regime — the essentials
| Tax | Rate | Details |
|---|---|---|
| Business profits tax (ISB) | 30% | Minimum tax: 1% of turnover, due even where no profit is recorded. |
| VAT | 19% | A Niger specificity (higher than the 18% of most WAEMU states). Exemptions: pharmaceuticals, ordinary rice, certain flours. |
| Withholding taxes (non-residents) | By type of income | Withholdings on dividends, interest, royalties and services paid to non-residents — rates to be confirmed case-by-case against Niger’s General Tax Code. Absent an applicable tax treaty (see row below), Niger’s domestic-law rate applies, with no treaty relief. |
| Tax treaties | WAEMU | WAEMU multilateral convention. The France-Niger tax treaty has been terminated and no longer applies (see “practitioner’s view”). A very limited bilateral network. |
Tax source: Niger General Tax Code; thresholds and withholdings to be confirmed against the official text.
Attractive sectors
- Uranium — Niger is among the world’s leading producers; a historically structuring resource for exports.
- Oil — rising output with the 2024 commissioning of the Niger-Benin pipeline (Agadem basin to the Atlantic coast), driving an export capacity ramp-up.
- Agriculture & livestock — a major primary sector (millet, sorghum, cowpea, rice, pastoralism), the backbone of employment.
- Mining & energy — diversified mining potential; strong solar potential.
Investment incentives
- Investment Code — approvals granting tax, customs and administrative benefits depending on the amount invested and the sector.
- One-stop shop — the entry point for Investment Code approval, with a regulated processing timeline.
- Extractive sectors — specific regimes (mining code, petroleum code) to be combined with OHADA law and establishment conventions.
Work permits for expatriates
- Issuance of residence and work permits to expatriate staff holding a local contract.
- Free transfer of salaries to the home country, after payment of Nigerien taxes and social contributions.
Foreign-exchange regulation
- WAEMU / BCEAO framework. Cross-border financial transactions fall under WAEMU’s common foreign-exchange regulation, administered by the BCEAO; capital movements and transfers are regulated, channelled through approved intermediaries (banks) and subject to declaration.
- Repatriation of dividends and capital. Transfer abroad of profits, dividends and disposal proceeds is permitted but conditional on documenting the flows and paying the taxes due — to be structured and documented from the moment of entry into the capital. Highly capital-intensive extractive projects call for particular attention to the traceability of foreign-currency financing.
- Good practice. Funding the investment in foreign currency and keeping documentary traceability of each flow secures the later transfer of funds.
Regulation subject to change — precise terms (thresholds, supporting documents, timelines) to be checked with the BCEAO and an approved intermediary.
Securing the investment — the UGGC angle (OHADA levers)
Beyond the figures, a successful entry rests on command of the legal framework. In a country where foreign investment is concentrated in extractives (uranium, oil) and where the treaty framework has changed, contractual and tax structuring is decisive.
- CCJA arbitration — dispute resolution before OHADA’s Common Court of Justice and Arbitration; awards enforceable across the 17 member states.
- Security interests (Uniform Act) — a full range of guarantees (mortgage, pledge, autonomous guarantee, security agent) to secure extractive financings.
- FX & repatriation — WAEMU/BCEAO foreign-exchange rules: structure dividend and capital repatriation upfront.
- Governance & compliance — OHADA company law, SYSCOHADA, sector codes (mining, petroleum), early-difficulty prevention.
Our teams support these transactions across M&A, tax law and litigation & arbitration (CCJA).
Our reading — the practitioner’s view
The figures don’t tell the whole story. Here are the points we flag to our clients before any entry into Niger — where field experience makes the difference.
Which structure to choose?
For a foreign operator, the choice is most often between the SA (codified governance, XOF 10,000,000 capital, access to public savings) and the SAS (statutory flexibility, freedom of governance and capital). The SARL remains suited to simpler projects. For an extractive project, the architecture generally combines a local project company with a structure compliant with the sector codes (mining, petroleum).
Three pitfalls investors underestimate
- The France-Niger tax treaty no longer applies. The double-taxation treaty between France and Niger has been terminated and has ceased to produce effects. Flows (dividends, interest, royalties, services) between France and Niger now fall under domestic law, with no treaty relief — a major change to build into any tax model involving France.
- VAT at 19%. Niger applies a 19% VAT, higher than the 18% of most WAEMU states. A difference not to overlook in pricing and margins, especially for regional contracts.
- The extractive / OHADA interplay. For mining and oil projects, the key is the interplay between sector codes, establishment conventions and OHADA security interests — decisive for bankability and financing security.
From text to practice
Investment Code approval goes through a one-stop shop with a regulated processing timeline. For extractive projects, traceability of foreign-currency financing, from entry into the capital, conditions the later repatriation of dividends. For regulated sectors, anticipating sector authorisations and their timelines remains essential to keep a project on schedule.
Frequently asked questions
What is the minimum capital to set up an SA in Niger?
The minimum capital for a public limited company (SA) is XOF 10,000,000. For the SARL and SAS, it is set freely by the by-laws. Registration is with the RCCM.
What is the corporate income tax rate in Niger?
The business profits tax (ISB) rate is 30%. A minimum tax of 1% of turnover remains due even where no profit is recorded.
What is the VAT rate in Niger?
VAT is 19% in Niger — higher than in most other WAEMU states (18%). Exemptions apply (pharmaceuticals, ordinary rice, certain flours).
How can an investment be secured in the OHADA zone in Niger?
Investors benefit from OHADA’s CCJA arbitration (awards enforceable across the 17 member states), OHADA security interests (mortgage, pledge, autonomous guarantee, security agent), the SYSCOHADA framework, and must structure dividend repatriation upfront under WAEMU/BCEAO foreign-exchange rules. With no France-Niger tax treaty in force, France-related flows now fall under domestic law.
Does Niger apply OHADA law?
Yes. Niger is one of the 17 OHADA member states. It applies the 9 Uniform Acts (companies, security interests, debt recovery, insolvency, arbitration, etc.) and is part of WAEMU and the revised SYSCOHADA accounting framework.
Considering an entry into Niger?
Contact the UGGC Africa team · Download the country factsheet (PDF)
Disclaimer. This country factsheet is provided for general information, as at June 2026; it does not constitute legal or tax advice and cannot bind UGGC Africa. The figures are drawn from public sources and are subject to change (notably through Nigerien finance acts). Any investment decision should be the subject of a tailored analysis.
Sources: World Bank (Macro Poverty Outlook Niger) · IMF (country report) · DG Trésor (economic situation) · UN / Worldometer (population) · Niger General Tax Code · Investment Code (Law 2018-39) · Agence Ecofin / KOACI (treaty termination) · OHADA · BCEAO · WAEMU · uggcafrica.com.