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.

Additional registration of lease management or management agreement

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 a supplementary establishment in the commercial court jurisdiction where it is already registered is a declaration for purposes ofadditional registration ; that which relates to the opening by a person of an establishment in the commercial court jurisdiction where it is not yet registered is a declaration for purposes of'secondary registration (see pages: "secondary 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 Code of Commerce (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 acquisition by lease management or management agreement for the business in a journal authorised to accept legal announcements

SUPPORTING DOCUMENTS TO BE ATTACHED TO 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.

If it relates to a regulated business activity, attach the diploma, and the approval or authorisation of practice issued by the controlling agency.

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

A copy of the certification of publication in a journal of legal announcements of the notice of modification.

A copy of the certification of publication of the notice relating to 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.

If it is a regulated activity, enclose the diploma, the approval or authorisation of practice issued by the control authority of the aforementioned activity..

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

A copy of the certification of publication in a journal of legal announcements of the notice of modification.

A copy of the certification of publication of the notice relating to the lease management or management mandate.

Prices

ENCLOSE A CHEQUE FOR 68.30 EUROS (FOR AN INDIVIDUAL BUSINESS OWNER) OR FOR 80.78 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

€52.00

€10.40

€5.90

€0.00

Cost breakdown of the required amount for a legal entity

Registry office fees

VAT

INPI

BODACC

€62.40

€12.48

€5.90

€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).