Regulations related to the dissemination of a legal notice when setting up a company
The Role of Legal Notices Newspapers
The representatives of civil and commercial companies are required to comply with the rules in force in France: they must notify any person interested in the creation such organizations. These obligations are applicable to multi-person commercial companies (SAS, SARL, SA, SCS, SCA, etc.), as well as single-person (SASU / EURL) and civil (SCI, etc.) structures.
Legislation then requires managers to choose a Newspaper of legal notices for publish the announcement of the incorporation of the company. The law determines the content of the notice that must be disseminated, and it must imperatively include:
- Date of signature of the articles of association and terms of their drafting (under private or notarized signature)
- Main characteristics: legal form, name, registered office, capital, duration, corporate purpose
- Identity and address of the manager(s) with the power to bind the company
- Clerk in charge of company registration
Some companies (in particular SAS) must also specify additional information.
Services offered by the JALs
Once the legal notice has been written, the company chooses a newspaper for its distribution and sends it its text by email, fax or directly via the Internet. The newspaper then checks the content, schedules it for publication and distributes it.
The newspaper then provides the company with a proof of publication, document which is necessary to proceed with the registration. JAL also sends a copy of the publication to the address of the company's headquarters.
Any breach of these rules may result in penalties.
Find the right Journal d'Annonces Légales (JAL) to start a business
Here are the steps to follow to choose the right newspaper for legal announcements for your build:
- Check the list of media authorized to receive legal announcements,
- Compare the quotes to find out the cost of the different options (certificate delivery time, verification),
- Check that the chosen journal covers the department where the head office is located.
Choose a JAL authorized to publish reviews
Only determined supports may publish legal notices. They must be authorized by prefectural decree. They are called SHALs (Supports Authorized to Receive Legal Notices).
To find out whether a journal of legal notices is authorized, consult the list of SHALs available at the counter of commercial court clerks or on their websites.
The manager of a newly incorporated company has the right to freely choose your Journal of Legal Announcements (JAL) or an authorized online news service.
Choose a JAL with good value for money
The publication of a legal announcement does not present any particular interest for the creation of a company. It is therefore wise to search for a newspaper at a affordable cost in order to reduce the company's incorporation costs.
Since January 1, 2022, the price of legal announcements of incorporation are fixed by packages. They vary according to the legal form of the company and the place of publication of the announcement (France, Reunion or Mayotte).
However, some additional services may be offered and invoiced in addition by the newspapers of legal notices. These are in particular the express processing and compliance review. It is therefore important to compare the rates of different newspapers before choosing.
Choose a JAL covering the headquarters department
Finally, we must pay attention to the locality of the newspaper of legal announcements. He must cover the department where the company's head office is located.
If this is not the case, the legal announcement is not valid and it will then be necessary to publish a new one in order to be able to create the company.