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.

Transfer of the head office within the same jurisdiction

The completed file allowing for the RCS formality linked to a transfer of the registered office (within the territorial jurisdiction of the Commercial Court to which the legal entity is attached) must be filed within a month of the legal instrument so determining (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 to determine the transfer of the registered office.

Publish a notice of modification in a journal of legal announcements. This notice must in particular indicate the addresses of the new and former registered offices.

You must demonstrate to the court clerk regular occupancy of the new premises of the office (by any means: copy of the lease, contract of domiciliation, recent EDF or telephone billings . . .).

To establish your company's domicile, you may also contact a domiciliation company (refer to our section obligations of companies with commercial domiciliation and domiciled companies), to a company incubator...

Documents to be attached to the file

Legal instruments to be produced by annex to the RCS

A copy of the legal instrument determining transfer of the registered office, certified as conforming by the legal representative.

An updated copy of the articles of association, dated and certified by the legal representative.

Supporting documents

The M2 printed forms duly completed and signed.

An original power of attorney from the legal representative if he has not signed the M2 forms.

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

Proof of a right to occupancy of the premises of the new registered office (by any means: EDF statement, telephone bill, lease, contract of domicile . . .). Remember importance of clearly identifying the address of your registered office, thus allowing the registry office to send you the Trade and Companies Register extracts during a formality, or for your collaborators to contact you. If the registered office is established at the legal representative's domicile, it is necessary to identify the mailbox with the company name and to perform postal steps necessary for forwarding correspondence.

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

If the company has one (or more) establishment(s) registered in the RCS falling under the jurisdiction of another court: add 51.48 euros for this formality for transfer of registered office (multiplied by the number of secondary registrations).

For each secondary registration

Notification fees

VAT

INPI

BODACC

€42.90

€8.58

€0.00

€0.00

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).