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 an individual business owner (lease management of a business)
The complete file allowing registration of the individual business owner company must be filed with 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 with 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 exercise a regulated activity (alcoholic beverage sale, optics and eye wear, transportation...), make sure that you fully satisfy all the required conditions (diploma, professional qualification...) in order to obtain the necessary approval or authorization for registration in the Trade and Companies Register.
To obtain information, contact: organisations and professional unions; to the offices of the prefecture of the department; to supervisory authorities (ex.: for the transport business, contact the DRE - regional office of equipment).
Domiciliation of the company
You must certify to the court clerk the regular occupation of the space of the headquarters of your company (by any means a copy of the commercial lease, EDF invoice or recent telephone bills . . .).
Upon establishment 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 space nor in the application of the status of commercial lease (Article L.123-10 of the Commercial Code).
Establish and sign a lease management agreement
Publish a notice relating to the lease management of the business in a journal authorised to accept legal announcements
Be certain to identity on your mail box the name of your company. 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 be provided by annex to 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 powerof the 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.
An authentic copy of the notarised declaration of non-seisability, if applicable.
A copy of the certification of publication in a journal of legal announcements of an opinion relating to lease management acquisition.
A copy of the legal instrument declaring the lease management.
If the declared activity is regulated, join a copy of the authorisation issued by the competent authority, the diploma or certificate.
An original dated and signed sworn declaration of non-conviction by 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 relationship already 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).
ENCLOSE 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).