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.

Appointment of a managing director and/or deputy managing director

The complete application for requesting the amending formality at the Register of Trade and Companies (RCS) pertaining to the appointment of a managing director and/or deputy managing director 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).

Steps preliminary to the filing of the formality

Convene a meeting of the board of directors.

Publish a modification notice in a journal of legal announcements

Documents to be attached to the file

Legal instruments to be produced by annex to the RCS

A copy of the minutes of the board of directors having decided upon the appointment of the managing director (and/or that of the deputy managing director), certified by the legal representative or by any person so authorized by the texts governing the public limited company (SA).

Supporting documents

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 publication of the modification notice in a journal of legal notices.

A copy of a form of identification for the managing director and/or deputy managing director: copy of a valid passport or national identity card, or two-sided copy of a valid 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 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) unless the family relationship appears in a document already provided.

Prices

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)

VAT

INPI

BODACC

€65.00

€13.00

€11.80

€115.70

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).