Members of a company (EURL, SASU, SAS, SARL, SA, etc.) have the possibility of replace their leader. Several reasons can justify it: resignation, dismissal, incapacity, end of the mandate… The company itself can take care of the administrative formalities. Partners can also turn to a formalities internet platform who will support them to complete the legal procedures. However, it is important to check that online platforms can count on the help of professionals in certain cases. Foundation-company-ricard details you the procedure for changing directors online, i.e. on the web.
Possibilities to change leaders on the web
A company can to charge itself full transformation to of its leaders online. It must then find out about the steps to follow and find model deeds on the web (minutes of general meetings or sole shareholder decisions and legal announcements). These documents must then be Custom, then sent to the competent service providers (journal of legal notices, registry of the commercial court, etc.) via the web.
A company that wants to replace its manager can also ask for help from a professional. She can ask him to take care of all (or part of) the procedures on the Internet. It is also possible to call on a digital platform to use the services of a qualified professional, and this, entirely online.
Steps to change the leader of an online business
Change of the director of a company can be relatively easy if this appointment is not mentioned in the articles of association. If this is the case, then it will be necessary modify the articles of association. The procedure consists of:
- The competent authority choosing a reason for revocation and appointing a new person in place of the old one,
- The modification of the articles of association of the company, if necessary,
- Formalities to notify the change to all parties concerned,
- The constitution of a file by the partners and its deposit on the infogreffe.fr site (or by mail).
Basic conditions
The decision to change the leader of a company is subject to basic conditions, i.e. conditions for the allocation of powers and majorities. You will find below a table summarizing all the requirements to be met depending on the type of company (EURL, SASU, SAS or SARL).
| Status | Conditions for the change of leader |
| EURL | Only the sole shareholder has the power to replace the manager of his EURL. He makes a unilateral decision. |
| SASU | Theoretically, the statutes determine the body empowered to change the president of a SASU. This is generally the sole partner. |
| SARL | The partners meeting in an ordinary general meeting have the possibility of change the manager of their SARL. |
| SAS | The articles of association must specify the body competent to change the president of the SAS. |
Form requirements
Le replacement of manager requires the fulfillment of two milestones :
- The publication of a legal announcement within 30 days of the decision,
- Amendment of the statutes (when the manager is named in the statutes).
Online registration of a modification registration request due to a change of manager
A director has the power to bind a company with third parties. Consequently, it is specified on the Kbis extract obtained from the registry of the commercial court. If there is a change, a amending registration data entered in the directory of trades and companies (RCS) must be requested. This request is materialized by the filing of a file which includes the following documents:
- Minutes of the general meeting certified true by the company manager in one copy;
- Status updated and certified true to the original in one copy (in the event of statutory appointment of the company manager);
- Certificate of publication in a newspaper of legal announcements in one copy;
- Sworn statement of non-conviction and kinship of the new business manager in one copy;
- Copy of both sides of proof of identity of the new manager (identity card or passport);
- Printed M3 or M2 when the company makes other changes than those relating to the company manager;
- Check payable to the registry of the commercial court to pay the frais of acts.
Le deposit of the file can be done in a traditional way (by mail) or dematerialized (on the site infogreffe.fr). Replace the online leader offers the main advantage of saving time. However, this involves paying for a special electronic certificate. The next procedure is to:
- Create and configure your account on the infogreffe.fr website,
- Complete the M2 or M3 form directly on screen and submit it,
- Attach all the supporting documents requested,
- Pay the required fees by credit card.
Do you want to change management? Use our partner service: I compare !
READ ALSO ABOUT ONLINE MODIFICATIONS:
