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.

Change in permanent representative

The completed file allowing for the modifying formality with the Register of Trade and Companies (RCS) linked to the change in permanent representative of a public limited company (SA) 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).

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 a new permanent representative.

Publish a notice of modification in a journal of legal announcements. This notice must specifically reference the name of the new and former permanent representatives.

Documents to be attached to the file

Legal instruments to be produced by annex to the RCS

A certified copy of the legal instrument recording the change in permanent representative. This legal instrument must especially mention the name of the new and former permanent representatives.

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 certificate of publication of the notice of modification in a journal of legal announcements.

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.

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 for 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).