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 member of the management board

The completed file allowing a modifying formality to the Trade and Companies Register (RCS) linked to the appointment of a member of the management of an SA having a management board and supervisory board must be filedwithin a 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).

Steps preliminary to the filing of the formality

Convene the supervisory board.

Publish a notice of modification 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 supervisory board minutes deciding appointment of the new board member, certified as conforming by the legal representative or by any persons normally signing such texts for the 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 certificate of publication of the notice of modification in a journal of legal announcements.

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 dated and signed by the new board member which will be the subject of verification against any criminal record by the judge appointed to the Trade and Companies Register.

A certificate of family relationship (surname and first names of the parents) of the interested party, unless such family relationship appears in a document previously submitted.

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).