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.
Change in permanent representative
The complete application for requesting the amending formality at the Register of Trade and Companies (RCS) pertaining to the change in permanent representative in a public limited company with a board of directors must be filed in the month following this event (article R. 123-66 of the Commercial Code) 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 Commercial Code (procedure known as "Article 3" of Decree No. 96-650 of 19 July 1996).
See also our section: declaration to the RCS of a representative of a directing legal entity
Steps preliminary to the filing of the formality
Proceed with the appointment of the new permanent representative.
Publish a notice of modification in a journal of legal announcements. This notice must especially mention the name of the new and former permanent representative.
Documents to be attached to the file
Legal instruments to be produced by annex to the RCS
A certified copy of the legal instrument noting the change in permanent representative. This legal instrument must especially mention the name of the new and former permanent representative.
The M3 printed forms duly completed and signed.
A copy of a form of identification of the new permanent representative: copy of a valid passport or identity card, or of the valid two-sided residency permit, if applicable. The status indicated on the residence permit must allow the holder to register with Trade and Companies Register (RCS).
An original sworn statement of non-conviction for the new permanent representative, dated and signed by the interested party which will be verified against any criminal record by the judge appointed to the Trade and Companies Register.
A certificate of family relationship (full names of the parents) for the new permanent representative unless such relationship appears in a document already provided.
Attach a cheque for 205.50 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 (including filing fees: €7.80)
Registry office fees: 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).
|Useful information||Declaration to the RCS by the representative of the directing legal entity||Télécharger|
|Useful information||Journals (non-exclusive listing) authorised to publish judicial announcements||Télécharger|
|Modification||M3 Printed Forms||Télécharger|
|Document template||Power of attorney template||Télécharger|
|Document template||Sworn statement of non-conviction and family relationship||Télécharger|
|Useful information||Legal announcements published in the BODACC||Télécharger|