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 chair of the supervisory board
The completed file allowing for the modifying formality with the Register of Trade and Companies (RCS) linked to the change in the chair of the supervisory board of a public limited company with a management board and supervisory board must be filed within the month of the legal instrument so deciding (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).
The chair of the supervisory board is the individual designated by the members of the supervisory board. The designation of a new chair of the supervisory board leads to filing of the legal instrument by annex at the RCS, as well as a modifying registration therefore. The modification is performed by the legal representative of the company (president of the management board or the sole managing director, as applicable), or by his duly authorized agent.
Documents to be attached to the file
Legal instruments to be produced by annex to the RCS
A copy of the decision of the supervisory board appointing the new chair in replacement of the former, whose name must appear in the legal instrument. The decision is certified by the legal representative or any person so authorised by the texts governing the public limited company.
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 notice of modification in a journal of legal announcements.
For the chair of the supervisory board
A copy of the identity document: copy of a passport, currently valid national identity card, or of a copy of both sides of a currently valid residency permit, if applicable. The status indicated on the residence permit must allow the holder to register with the Trade and Companies Register (RCS).
An original sworn statement of non-conviction from the new chair, 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 chair 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).