Procedures Guide

The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.

Secondary registration of the management lease or management mandate

The secondary establishment is a permanent establishment, distinct from the headquarters or the principal establishment and managed by a person liable for tax, an employee or a person having the power to legally bind third parties (Article R. 123-40 of the Commercial Code).

The declaration related to the opening by a person of an establishment in a commercial court jurisdiction where it is not yet registered is a declaration for purposes ofadditional registration; that which relates to the opening by a person of a supplemental establishment in the commercial court jurisdiction where it is already registered is a declaration for purposes of additional registration (see pages: "additional registrations" in the section opening or closing of a secondary establishment).

Legal entities have the same obligation as individuals (Art. R. 123-3 of the Commercial Code), and the declaration is effectuated within a period of one month preceding or following the establishment's opening with the clerk of the commercial court in the jurisdiction in which this establishment is opened.

The completed file allowing the additional formality registration at the Trade and Companies Register (RCS) must be filed either:

  • at the competent Commercial Formality Centre (CFE); or
  • directly at the registry office of the Commercial courtin application of Article R. 123-5 of the Commercial Code (procedure known as "Article 3" of Decree No. 96-650 of 19 July 1996).

STEPS PRELIMINARY TO THE FILING OF THE FORMALITY

Establish and sign a lease management agreement or management mandate of the business.

Publish a notice relating to the lease management or management mandate of the business in a journal authorised to accept legal announcements.

Supporting documents to be enclosed in the application

FOR INDIVIDUAL BUSINESS OWNERS

The P2 CMB printed forms duly completed and signed.

An original power of attorney from the sole trader if he or she has not signed the P2 CMB printed forms.

A copy of the lease management or management mandate agreement dated and signed by the parties.

The original extract of the Trade and Companies Register of the primary registration dating within three months.

A copy of the certification of publication in a journal of legal announcements of the lease management or management mandate.

FOR LEGAL ENTITES

The M2 printed forms duly completed and signed.

An original power of attorney from the legal representative if he or she has not signed the M2 printed forms.

A copy of the lease management agreement or management mandate dated and signed by the parties.

The original extract of the Trade and Companies Register of the primary registration dating within three months.

A copy of the certification of publication in a journal of legal announcements of the lease management or management mandate.

Prices

ENCLOSE A CHEQUE FOR 108.86 EUROS (FOR AN INDIVIDUAL BUSINESS OWNER) OR FOR 141.08 EUROS (FOR A LEGAL ENTITY)

Cheques must be made payable to the relevant GREFFE DU TRIBUNAL DE COMMERCE, and attached to the application.

Cost breakdown of the required amount for an individual business owner

Registry office fees

VAT

INPI

BODACC

€85.80

€17.16

€5.90

€0.00

Cost breakdown of the required amount for a legal entity

Registry office fees

VAT

INPI

BODACC

€107.90

€21.58

€11.60

€0.00

Fees of the registry office: postage fees of extracts included. INPI: National institute of industrial property (paid by the registry office). BODACC: Bulletin Officiel des Annonces Civiles et Commerciales (Official Journal of Civil and Commercial Announcements) (paid by the registry office).