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.

Registration of a sole trader with limited liability (EIRL)

Law No. 2010-658 of 15 June 2010 (Official Journal of 16 June 2010) which has created the sole trader with limited liability allows any sole trader to allocate assets to his or her professional activity that are separate from his or her personal assets, without creating a legal entity.

Prior to registering as a sole trader with limited liability, it is necessary to accomplish a few steps. Supporting documents will be required to complete your registration file.

Steps preliminary to the filing of the formality

Declaration of the allocation of assets

The constitution of an allocated assets results from the filing of a completed declaration (art. L. 526-7 of the Commercial Code):

  • At the Trade and Companies Register (RCS) for registered EIRL traders;
  • in the Special Register for Commercial Agents (RSAC) for EIRL commercial agents;
  • in the EIRL Special Register (RSEIRL) for EIRL auto-entrepreneurs (non-registered in the RCS or the Directory of trades) and liberal professionals. The register is kept at the registry office of the Commercial court in the jurisdiction where their main establishment is located.

Download a declaration template

Evaluate the property included in the allocated assets

All property or rights included in the allocated assets, other than cash flow, having a declared value greater than 30,000 euros must be estimated. This evaluation is conducted by:

  • an auditor,
  • an accountant,
  • an association of accounting and management,
  • a notary public. An estimate by a notary can only relate to real estate.

Opening a dedicated bank account

The sole trader is obliged to open with a credit institution one or several bank accounts exclusively intended for the professional activity to which the assets are allocated.

Documents to be attached to the file

Acts and documents to be included in the annex in the RCS

A copy of the declaration of allocation of assets, dated and certified by the sole trader.

A copy of the evaluation report of the allocated assets (dated and signed), if applicable.

A copy of the express agreement and prior notification of the spouse (dated and signed), if applicable.

A copy of the express agreement and prior notification of a joint owner (dated and signed), if applicable.

Supporting documents

A duly completed and signed form, accompanied by the divider specific to the EIRL, according to the following cases:

An original power of attorney from the individual business owner if he or she has not signed the required forms.

A copy of the ID card: copy of a valid passport or national identity card or a two-sided copy of a valid residence permit, if applicable.

Prices

 ENCLOSE A CHEQUE FOR 56.16 EUROS (REGISTRATION IN THE EIRL REGISTER) OR FOR 34.32 EUROS (REGISTRATION OF AN EIRL TRADER IN THE RCS, except micro-entrepreneur, UPON FORMATIOON, WITH THE FILING OF THE DECLARATION OF ALLOCATION OF ASSETS) OR FOR 27.23 EUROS (REGISTRATION IN THE RSAC OF AN EIRL COMMERCIAL AGENT, WITH THE FILING OF THE DECLARATION OF THE ALLOCATION OF ASSETS)

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

The rates mentioned below do not include the cost of notification to another registry or directory (in the case of dual registration or a secondary registration), and those pertaining to the update of secondary registration references contained in the main registrations. They do not apply in the case of a transfer of ownership.

Cost breakdown of the required amount for a registration in the EIRL register

Registry office fees

VAT

INPI

BODACC

€46.80

€9.36

€0.00

€0.00

Cost breakdown of the required amount for a registration in the RCS of an EIRL business owner (formation) with the filing of the declaration of allocation of assets

Registry office fees

VAT

INPI

BODACC

€28.60

€5.72

€0.00

€0.00

Cost breakdown of the required amount for a registration in the RSAC of an EIRL commercial agent with the filing of the declaration of allocation of assets

Registry office fees

VAT

INPI

BODACC

€22.69

€4.54

€0.00

€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).