All companies who perform the move of their the head office must notifier. For this, they must meet certain conditions and complete certain formalities. THE steps required to report a registered office transfer of a company are as follows:
- Modify the statutes within the authorized limits
- Publish an announcement about the headquarters move
- Inform the competent body of the transfer
Preparation for the declaration of the transfer of the registered office of a company
Before submitting a declaration concerning the relocation of the headquarters of a company, it is necessary to ensure that the resolution has been adopted about best conditions. This is the case if the body which decided on the transfer:
- Has the relevant permissions to do so,
- Complies with the legal and/or statutory rules imposed.
This is all of the requirements to be met depending on the legal form of the company:
| Legal status | Decision-making methods |
| SASU | Sole shareholder, unless the statutes decide otherwise (give the power to the president subject to his ratification, for example) |
| SAS | Body provided for in the articles of association (the law does not require a collective decision of the partners, it may be, for example, the president) |
| EURL | Sole shareholder by a unilateral decision or the legal representative (manager) subject to validation by the sole shareholder |
| SARL | Partners holding more than half of the shares (transfer abroad) or the manager subject to the approval of the partners (France) |
| SA | Board of Directors/Supervisory Board subject to ratification by the partners (transfer to France) or the partners meeting at an extraordinary general meeting (Abroad) |
The application process requires considerable formalism, since it consists of modify the articles of associationand an document is generally written to materialize decision-making; This may be :
- Un general meeting minutes when the partners have made a collective decision,
- Or one decision report of the sole shareholder when the latter has taken a unilateral decision.
Advertisement to be published for the transfer of company headquarters
The company has a deadline of a month from the date of the amending report for announce advertising in a special newspaper: a newspaper of legal announcements (JAL). More precisely, it is necessary to display a legal notice of transfer of registered office.
This should contain a number of details, and especially :
- THEaddress of the old as well as that of the new address of the company,
- Information relating to the company (name, form, amount of capital),
- The company's SIREN number followed by the indication of the registry in which it is registered,
- And the RCS for setting up the company's new head office.
An essential clarification must be highlighted:
- When the spring of the commercial court remains unchanged, the company must put online a legal announcement in a JAL covering the place of its headquarters,
- If you spring commercial court evolved, she must publish two announcements (one in a JAL of the place of departure, the other in a JAL of the place of arrival).
In this case, the legal announcement must specify the identity of the persons having the power to bind the company vis-à-vis third parties.
The JAL will provide, when it has scheduled the broadcast of the legal announcement, a certificate of publication. The company must keep this document.
Declaration of the change of seat for the amending registration
Once the move of the company carried out and the advertisement published, it is necessary to formalize it. This step updates the information in the Trade and Companies Register (RCS) and issues a new Kbis extract to the company.
For this, it is necessary to establish a modification request for RCS registration and send it to the business formalities center (CFE) or to the registry of the commercial court (TC). This request consists of several parts:
- a copy of the amending act certified by the manager,
- a copy of the updated articles of association certified by the manager,
- an amended registration application form (printed M2) completed and signed,
- a copy of the certificate of publication of the legal announcement,
- a copy of proof of use of the new premises (lease, title deed, etc.),
- a list of registered offices previously occupied by the company (if it changes registry jurisdiction).
The price of this formality varies between 80 and 250 euros depending on the legal form of the company and whether it changes (or not) jurisdiction. The file can also be processed online on the infogreffe.fr website.
