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.
End of term of a director
The completed file allowing for the modifying formality with the Register of Trade and Companies (RCS) linked to the end of the term of a director in an SA with a board of directors must be filed within the month of the legal instrument so deciding (Article R. 123-66 of the Commercial Code) either:
- 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).
Steps preliminary to the filing of the formality
Publish a notice of modification in a journal of legal announcements. This notice must especially include the name of the departing director.
If you perform a regulated activityand if the departing director was the legal representative, be sure to proceed with modification of your approval or authorisation with the issuing agency, if applicable.
Documents to be attached to the file
Legal instruments to be produced by annex to the RCS
A copy of the legal instrument noting the end of the term of the director certified by the legal representative.
The M3 printed forms duly completed and signed.
An original power of attorney from the legal representative if he has not signed the M3 forms.
A copy of the certificate of publication of the notice of modification in a journal of legal announcements.
If the declared activity is regulatedand if the departing director was the legal representative, a copy of the authorisation, diploma, approval or qualification, as applicable.
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)
Emoluments 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).