when company wants move consist of the head office, it must compile a file and announce its change of address to the business formalities center or to the registry of the commercial court. A relocation of headquarters entails numerous procedures and in particular a modification of the articles of association. Foundation-company-ricard guides you through steps to follow to achieve a relocation of a company's head office :
- Step 1: Deliberate the competent body to modify the statutes
- Step 2: Publish a legal announcement to notify third parties of the move
- Step 3: update the information recorded in the commercial register
Relocation of the headquarters of a company and updating of the statutes
Le the head office of a company appears in its articles of association. Any transfer resulting in a change of address of the head office causes a modification of the statutes which originates from a decision taken by the company's bodies.
Relocation of the headquarters of a SARL or an EURL
The power of move the seat is vested in theextraordinary general meeting of shareholders. If the change of address is made in the same department (or in a neighboring department), the articles of association may provide that the manager alone takes the decision to change the address, provided that he has his decision approved by the general meeting. extraordinary general of the partners.
For more information : move the headquarters of an LLC, move the headquarters of an EURL.
Relocation of the headquarters of an SAS or a SASU
With regard to the transfer of the registered office of an SAS, no collective decision is imposed by law. Those are the articles of association which indicate the body authorized to modify the registered office (usually the President or any other body created by the statutes).
For more information : move the headquarters of an SAS, move the headquarters of a SASU.
Publication of a legal announcement for the change of the registered office of the company
A announcement must be placed in a legal announcements organ (JAL)within one month from the date of the general meeting which took the decision to transfer the registered office.
The notice must include mandatory information, such as the name of the company with its acronym, the legal form, the unique identification number of the company, the amount of the share capital, the RCS mention specifying the name of the city of the registry where it is registered and an overview of the changes made (old address and new address).
For more information : registered office transfer publication template to be published in a JAL.
Declaration of the relocation of the headquarters of a company and submission of file to the CFE
Declare the transfer of a company's registered office
A complete package must be delivered and submitted to the Center de Formalités des Entreprises (CFE) or to the registry of the commercial court on which the new head office depends. Here is the list of documents to provide for the change of registered office:
- A copy of status updated, dated and authenticated by the legal representative,
- A copy of theact deciding the transfer of the registered office authenticated by the legal representative
- Un M2 form,
- Un proof of occupation of the premises (lease agreement, electricity bill, etc.),
- THEcertificate of publication in the journal of legal announcements,
- A check for payment of change fee (to the order of the registry).
The registry will make the changes to the RCS and will send a new Kbis extract to the company, mentioning the new headquarters.
Additional formalities in the event of a change of court jurisdiction
When a company changes its commercial court registry jurisdiction, she must :
- Produce a statement summarizing the former headquarters (authenticated by the legal representative),
- Publish two notices of registered office transfer in a newspaper of legal announcements: one in the newspaper of legal announcements of the location of the former registered office and the other in the newspaper of the location of the new registered office.
The transfer of a registered office of a company requires rather heavy and specific formalities, in particular the legal announcement and the elaboration of a file. It induces a rate relatively high for the structure.
- Change in the corporate purpose of a company
- Changing the name of a company
- Replacement of a company director
- A company's share capital increase
- The extension of the duration of a company
- Change of address of a company
What is the procedure for changing the registered office of a company?
Réponse:
Changing a company's registered office requires filing with the relevant company registers. As part of this procedure, the articles of association must be modified and a notice of the modification must be published in a journal of legal notices.
What documents must be provided to change the registered office?
Réponse:
To transfer the registered office of a company, it is necessary to provide a deed of modification of the statutes, a proof of domiciliation, a receipt of deposit and a notice of modification published in a newspaper of legal announcements.
Are there any fees to be paid to transfer the registered office?
Réponse:
Yes, the transfer of the registered office of a company requires the payment of publication costs in a legal announcements newspaper and costs of filing documents with the competent company registers.
