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 following a purchase
The completed file for registration of an individual's business as a trader 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).
For individuals, declaration ending in registration must be effectuated within 15 days of commencement of the business activity (Article R. 123-32 of the Commercial Code) and may be within the month preceding the commencement of this business activity.
Steps preliminary to the filing of the formality
THE EXERCISE OF A REGULATED ACTIVITY
If you are engaged in a regulated activity (alcoholic beverage sale, optical products shop, transportation...), ensure that you satisfy the relevant requirements (diploma, professional qualification, etc.) in order to be granted the necessary permit or authorisation when filing with the Trades and Companies Register (RCS).
For further information, please apply to professional bodies and trade unions; to information services of the prefecture of the department; to regulatory authorities (e.g. in order to exercise a transportation activity, apply to the DRE – Regional Directorate of Facilities Management).
DOMICILIATION OF THE COMPANY
You must certify to the court clerk the regular occupancy of the company's headquarters' premises (by any means a copy of the commercial lease, EDF invoice or recent telephone bills . . .).
Upon formation, the individual business owner can declare a home address and exercise the business activity from there, as long as no legislative provisions or contractual stipulation forbids it. When the business owner does not use an establishment, he can use for the business on an exclusion basis his home address. This declaration leads neither to a change in purpose of the premises nor in the application of the status of commercial lease (Article L.123-10 of the Commercial Code).
CREATE AND SIGN THE LEGAL INSTRUMENT FOR ACQUISITION OF HTE BUSINESS
REGISTER THE LEGAL INSTRUMENT FOR ACQUISITION WITH THE REVENUE SERVICE
PUBLICATION OF THE ACQUISITION OF THE BUSINESS
Publish an announcement of acquisition of the business in a journal of legal announcements. This announcement shall contain the following references : the dates, volume and tax office number or, in case of simple declaration, the date and the number of the receipt for this declaration and, in each case, indication of the office where these operations took place (it relates to the registration of the legal instrument containing the alteration or, in the absence of legal instrument, the declaration prescribed by Articles 638 and 653 of the General Tax Code).
The notice of acquisition contains, moreover, the date of legal instrument, the surnames, first names and domiciles of the former and new owner, the nature of headquarters of the business, the stipulated price, including the cost or valuation which served as a basis for collection of the registration fees, indication of the deadline for opponents and an election of domicile in the jurisdiction of the commercial court.
Be certain to identity the name of your company on your mailbox. In the absence thereof, you will not receive the Trade and Companies Register extracts sent by the court clerk.
Purchase then list and initial the regulatory books (inventory book, day book...) with the clerk of the commercial court.
The individual business owner may declare unseizable its rights in the building where its principal residence is fixed, as well as on all constructed or non-constructed real estate that has not been allocated to professional use.
Documents to be attached to the file
LEGAL INSTRUMENTS AND DOCUMENTS TO PRODUCE FOR THE RCS
A copy of the business project support contract for the creation or resumption of an economic activity, certified as conforming by the legal representative, if applicable.
A dated and signed copy of the certification of the supply of information given to his spouse of the consequences on shared property of debt contracted in the exercise of his profession, if the individual business owner is married under of system of legal or conventional community. Click here to obtain a declaration template
The duly completed and signed P0 CMB forms.
An original power of attorneyof the individual business owner if such did not himself sign the P0 CMB forms.
A document justifying the regular occupation of the premises where the address of the company is fixed (lease, EDF invoice or telephone bill...) ; recall the major importance of clearly identifying the address of your company, thus allowing the court clerk to send you the Trade and Companies Register extracts during a formality, or to your partners to enter into contact with you.
A copy of the certificate of publication of the notice pertaining to the acquisition of the business in a journal of legal announcements.
A copy of the stamped and recorded legal instrument for the sale of the business.
If the declared activity is regulated, attach a copy of the authorisation issued by the competent authority, a diploma or certificate.
An original dated and signed sworn declaration of non-conviction of the interested party, which will be subject to verification with the criminal record by the appointed judge of the Trade and Companies Register.
A certificate of family relationship (full names of parents) unless the family relationship appears in a document already provided.
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. The status indicated on the residence permit must allow the holder to register with the Trade and Companies Register (RCS).
For foreign non-resident persons, attach in addition a copy of the receipt for the declaration made with the prefecture of the department in which the person hopes to exercise his commercial, industrial or artisanal activity, according to the nationality of the interested person. For more information, click here
An authentic copy of the notarised declaration of non-seisability, if applicable.
ATTACH A CHEQUE FOR 141.37 EUROS
If applicable, add the amount for filling of a legal instrument.
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
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).
|Registration||Certification of the supply of information given to a spouse on the consequences of contracted debt in the exercise of a profession on shared property||Télécharger|
|Registration||Listing (non exhaustive) by department of journals accepting legal announcements for publication||Télécharger|
|Registration||Statement pertaining to the absence of conviction and to family relationship||Télécharger|
|Registration||Legal announcements published in the BODACC||Télécharger|
|Registration||Power of attorney template||Télécharger|
|Registration||Initials in ledgers||Télécharger|
|Registration||Documents to provide for foreign directors||Télécharger|