Mutation of the corporate purpose a commercial company (EURL, SASU, SAS, SARL, SA, etc.) online can take various forms. These structures can decide to carry out the resulting formalities themselves. on the Web. They also have the possibility of being assisted by a legal platform online. However, they must be vigilant about the professional they select. Platforms offer very low prices but they can hide poor quality service. Legal specialists can support these new technologies when necessary. Foundation-company-ricard tells you how to transform your social object online, Namely on the Web.
Means available to companies to modify their corporate purpose online
It is possible to transform the purpose of an online society in two different ways: directly by the company itself or indirectly through a professional.
First of all, the company can decide to manage this procedure itself. She will then have to carry out all the steps required withaltered activity (drafting of deeds and legal formalities: publication of an announcement and filing of a file). Various sources, especially on the internet, can provide models to be adapted to the situation.
A company can also delegate to a specialist the fulfillment of these formalities in his name. It can be the accountant, a lawyer or an online legal platform. It must provide this person with all the documents useful for the proper execution of the mission.
How to change the corporate purpose of an online business?
Update social object of a business can be complicated. It is necessary to carry out a rectification of the statutes. The steps to follow vary according to the legal structure chosen, but the logic remains the same:
Competent body decides to modify the activity of the company,
Modification of the articles of association of the company,
Advertising to warn anyone interested,
The partners constitute and submit a file.
Conditions to be met to modify the corporate purpose
The change of corporate purpose must comply with fund conditions depending on the legal form of the company:
Status
Conditions of the change of activity
EURL
The decision to modify the corporate purpose of an EURL belongs to the sole shareholder. When he does not manage his company himself, the manager must submit a report to him beforehand.
SASU
To know the procedure to follow in order to change the corporate purpose of a SASU, it is advisable to refer to the statutes. In general, it is the sole partner but the law does not impose it obligatorily.
SARL
The partners, consulted at the general meeting, are the only ones competent to change the corporate purpose of an LLC. The decision is made under the quorum and majority conditions provided for extraordinary GAs.
SAS
As for the SASU, it is the articles of association which freely determine the body empowered to change the corporate purpose of an SAS. The law is not pronounced at this level.
Need to amend the statutes
A change of activity requires a rectification of the company's articles of association. The activity carried out must be updated and the information included in the statutes of the company. The partners are in theory competent for this task but they can delegate it.
Advertising a legal notice
When a company changes activity, it must publish un opinion in a journal of legal announcements (JAL) in the month according to his decision. L'legal announcement of modification of corporate purpose must contain mandatory information and give the new activity carried out.
Electronic filing of the corporate purpose transformation file
The activities carried out by a company are indicated on its Kbis extract. Any change requires an update. For this, it is necessary to declare the changes to the Center de Formalités des Entreprises or the Registry of the Commercial Court. The file includes copies of documents, a form and regulations:
A copy of the articles of association updated and certified true by the manager,
A certified copy of the minutes containing the decision to transform the activity,
The certificate of publication of the legal announcement issued by the newspaper,
A “M2” form duly completed, dated and signed,
An original power of attorney signed when the partners choose a delegation of powers.
Le deposit of the file can be done by mail. However, companies have the option of doing so on the infogreffe.fr website. This method saves time and avoids trips to the CFE or the Registry. For transform your social object online, it is necessary :
Create an account on the infogreffe.fr website,
Install a specific certificate,
Complete the M2 form on the screen and validate it,
Attach all required supporting documents in PDF format,
What is the procedure for modifying its corporate purpose online?
The procedure for modifying its corporate object online depends on the legal form of your company. If you are a limited liability company (SARL) or a simplified joint stock company (SAS), you must modify your corporate purpose on the online services portal of the Agence des Entreprises de France (AEF). You can also modify your corporate purpose online with specialized online services such as Legalstart or online business creation platforms such as WeStart.
What documents do I need to provide to change my corporate purpose online?
To modify your corporate purpose online, you must provide the AEF or your specialized online service with documents relating to your company such as your status, supporting documents (tax certificate, Kbis certificate, Kbis extract, etc.).
What is the validity of changing the corporate purpose online?
The modification of the corporate object online is immediately applicable and takes effect from the date of validation of the request by the AEF or the specialized online service. However, you will have to report it to the tax authorities and the labor inspectorate to finalize the modification.
CEO & founder of the blog fondation-entreprise-ricard.com, passionate about French law, I write my blog articles to help companies in their legal procedures. Find me every week for new articles on business and entrepreneurship.
