All modification occurring in the management of a company must be reported. A procedure particular is required. It is materialized by steps legal. Note, among other things, the filling of a document, referred to as "M3". This declaration of transformation allows the clerk of the commercial court to update the public information of the organization. We will explain to you how to complete the M3 form to report a change of manager of an SA, SAS or SASU.
Changes in the leaders of companies and companies
Le M3 (cerfa no. 11683) is called “Declaration relating to managers and management bodies, supervision and control of the legal person”. It is provided for notify the registry of the commercial court of the changes occurred in the management of a company and consists of four pages. Only the first two pages need to be completed. The data entered will be applied to the other two.
The M3 makes it possible to notify the changes in personal circumstances or replacements directors of an SAS, a SASU or an SA. It concerns in particular the presidents, general managers and administrators, as well as members of the management board and the supervisory board.
However, manager changes SARL/EURL or SELARL/SELURL must be declared using the M3 SARL-SELARL form (Cerfa n°14580). SCAs and SNCs can also complete a M3.
Complete sections 1 to 3 of the M3 form: reminder of identification information
In the frame 1, it is necessary check the box "Request for modification of RCS registration". If the company is a craft activity, it is registered in the directory of trades (RM) and must also make a request for change. It is therefore necessary, in this case, to check the “RM” box.
The sections 2 and 3 serve to remind theidentity SASU, SAS or SA. The corporate name of the company must appear in box 2. Box 3 includes the unique identification number (SIREN), the city where the territorially competent registry is located as well as the full address of the head office.
Complete fields 4 to 8 of the M3 form: declaration of directors
Each field relates to a manager (president, managing director, director, etc.). To report the change of a manager, complete only field 4 and subfield 4 bis. If the change affects the chairman and the general manager, fields 4, 4bis, 5 and 5bis must be completed with the same information.
In the field 4, mention the data of the installation. Check it "New" box forexchange. Then enter the data du replacement leader : surname, first name, date and place of birth, nationality or, in the case of a company, company name, registered office, unique identification number and city of the competent registry.
Le field 4 bis includes information about the previous leader : surname and first name (or company name and legal form if it is a company). The field "For the TNS scheme" must remain empty, because the manager of a SAS/SASU/SA does not have the status of self-employed worker. He is, in fact, an “assimilated employee”.
Complete field 9 of the M3 form when the manager is a company
If the new manager of the SASU/SAS/SA is another company, it is required to appoint a legal representative. If this person already exists in the M3 form, it is important to select the appropriate box and tick the “M3” box.
If theidentity of the representative is not specified, you must check the "New" box. In this case, it is essential to mention his surname, first name, address, date of birth, place of birth and nationality.
Complete boxes 12 to 14 of form M3 – Additional information
Complete the M3 form with three frames dedicated to additional items:
- Frame 12 : this framework must provide any data deemed useful by the Society ;
- Frame 13 : you must register here company address. This is usually the address of the registered office and this is where the new Kbis will be received;
- Frame 14 : this last frame of the M3 form is intended to the signing person (qualification, surname, first name, address, date and signature).
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