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20/10/2014 PROFILE > Chef d'entreprise , Conseil en formalités

CCRCS notice: declaration of brand or commercial names on the RCS

In notice no. 2014-001, the Coordination Committee of the Trade and Companies Register (CCRCS) has outlined the circumstances in line with which the declaration on the RCS of a brand or commercial name may be accepted or refused by the clerk at the Commercial Court.

The clerk may not refuse registration of the trade name or brand name declared, including if these appear to correspond to the indication of the activities undertaken. Exception made for all requests leading to indication of signs for clients, clearly against good practises or public order, especially if these public order provisions lead to any prohibited use of certain terms.

Moreover, in such instance as a trade name or brand name are used when they are not declared on the RCS or differ to those declared, the clerk may use prerogatives which are conferred by virtue of article R. 123-100 of the Commercial Code stipulating that the person incorporated resolves its situation. Namely in any "case of non compliance, the person incorporated is invited to resolve its situation. In such instance as the latter should defer this invitation within one month following the date thereof, the clerk shall refer the matter to the judge responsible for supervision of the register". However, where it is solely under indication of their activities, or under their own name or trading name, that people notify the public of their business, commercial operations or establishment, the CCRCS recommends that the clerk not implement these prerogatives.

Consult notice no. 2014-001 of the CCRCS.