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.

Transfer (within the same jurisdiction) following acquisition of a lease management

The secondary establishment is an establishment distinct from the headquarters or of the principal establishment. Its transfer (within the jurisdiction of the commercial court) leads to a modifying registration at the register of Trade and Companies Register (RCS).

The completed file allowing this formality at the RCS must be filed during the month following this event (Article R. 123-66 of the Commercial Code) either:

  • at the competent Commercial Formality Centre (CFE); or
  • directly with the clerk of the court of the commercial court, in accordance with Article R. 123-5 of the Commercial Code (the so-called "Article 3" procedure of Decree No. 96-650 of 19 July 1996).

Steps preliminary to the filing of the formality

Establish and sign a lease management agreement of the business.

Publish a notice relating to the acquisition by lease management of the business in a journal authorised to accept legal announcements

Supporting documents to be enclosed in the application

The M2 printed forms duly completed and signed.

An original power of attorney of the legal representative if such did not sign the M2 forms.

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

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

If it relates to an regulated business activity, attach the diploma, approval or authorisation of exercise issued by the supervisory authority of such business activity.

Prices

Enclose a cheque for 193.36 euros

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

Cost breakdown for this formality

Registry office fees

VAT

INPI

BODACC

€59.80

€11.96

€5.90

€115.70

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).