Removal from the Trade and Companies Register (RCS)

Companies that carry out commercial activities are registered in a special register called trade and companies register ou RCS. When they cease their activities, they are removed from this file. Foundation-company-ricard provides a complete file on the removal from the trade and companies register which answers various questions, for example:

• What is delisting from the RCS ?
• What are the cases of delisting from the RCS ?
• How to request deregistration from the RCS ?

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Definition of delisting from the RCS

Any trader must, at the time of the creation of his company, be registered with the trade and companies register (RCS). This file conserve toutes les data legal regulations concerning merchants, companies and sole proprietorships. It is supervised by the Commercial Court.

All significant changes in the characteristics of a business must be recorded in the register. In case of cessation of activity, the company must be struck off RCS and removed of the file. It then loses all legal existence.

La deletion from the RCS can be decided:

• Voluntarily by the company (early dissolution, judicial liquidation);
• Or by the clerk of the commercial court (cancellation ex officio).

What is the procedure for being removed from the RCS?

Voluntary removal from the trade and companies register

It's about a classic RCS cancellation procedure. It is also the most common form of deregistration in practice because it is the result of a voluntary decision by the company.

Here, the administrators (or the manager) decide to end their business, before the date initially set. Delisting is only possible in this case if the company is not to in a state of payment default. Partners must then:

• Decree the early dissolution of the company (or the closure of the activity of the sole proprietorship)
• And proceed to the friendly liquidation of the company.

During this procedure, they will have to complete a certain number of formalities (see below).

If the company cannot cover its debts, it must ask the court to place the company in compulsory liquidation.

Automatic removal from the trade and companies register

The clerk of the commercial court can take, himself, the automatic cancellation decision of a company in the trade and companies register.

Ex officio striking off occurs in very specific circumstances and in particular in the following cases:

• Death of the person running the business and absence of heirs,
• Non-regularization of a standby state of the company,
• Closing of the operations of a judicial bankruptcy procedure,
• Sanctions pronounced against the merchant (prohibition to manage, etc.) or the company,
• Continuation of the activity of a company without extension within a period of one year from the expiry date,
• Etc

How do I request deregistration from the RCS?

Here is the procedure to be followed by a company in order to request its removal from the RCS, voluntarily and in advance (this is not the automatic removal procedure).

The company must first be dissolved. Here are the steps to do so:

1. Pronounce the early voluntary dissolution and appoint an amicable liquidator,
2. Register the minutes of dissolution (optional formality since 01/01/2021),
3. Publish a legal announcement of dissolution,
4. File an application for amending registration with the commercial court (with an M2 form)

To know the procedure applicable to each legal form:

Therefore, the company enters a period of liquidation. Here are the steps to follow to liquidate it:

1. Carry out an inventory of the company's assets,
2. Sell ​​assets, collect receivables and repay debts,
3. Pronounce the closing of the liquidation operations,
4. Submit the liquidation report to the registrar (in the event of Cute),
5. Broadcast a legal announcement of closing of the liquidation,
6. Send a request for removal from the RCS (with an M4 form).

To know the procedure applicable according to the form of the company:

The procedure ends with the removal from the Trade and Companies Register (RCS).

• How to pay as little as possible for the closure of your company ?
• How much does it cost to close a business ?
• How to shut down a company ?

What is the procedure for obtaining the cancellation of the RCS?

A: The cancellation of the RCS is carried out with the Registry of the Commercial Court on which the company depends. The documents to be provided are often similar to those required for registration with the RCS.

What document must be provided to request deregistration?

A: The deregistration request must be accompanied by the articles of association and a report of the closure of the accounts signed by the company's manager.

What is the deadline for cancellation of the RCS?

A: The cancellation of the RCS generally takes between 1 and 2 months after receipt of the request by the Registry of the Commercial Court.