when Company moves his seat, it must perform multiple procedures. Some of these tasks are internal (decision-making, drafting of minutes and modification of the statutes) while others require the use of external service providers (publication in a journal of legal announcements and registration with the registry of the commercial court). Here is a summary of steps to take when moving the head office, including a summary.
In order for the transfer to be effective, a company must first decide to change it, which materializes in writing in a verbal process signed by the legal representative and recorded in a special register.
The decision is made :
Transfer of registered office abroad requires theunanimous agreement partners since it entails a change of nationality.
In addition, the change of the registered office implies a revision of the statutes. Thus, once the decision has been made, the clause in question should be modified. When the company changes departments, it must establish a list of previously occupied head offices.
Once it has been decided to change the registered office for a company, it is essential to notify all individuals likely to be affected by this information. The law requires publish an announcement in a journal of legal announcements (JAL) within one month.
THEhead office transfer announcement must contain specific information, for example:
If the company changes jurisdiction of the commercial court registry:
Then the company must complete and sign un modified registration application form (M2 – Transfer of registered office). She must attach certain supporting documents and send the file to the business formalities center or to the registry of the commercial court. The objective of this step is to notify the transfer of the registered office for the new headquarters to appear on the company's Kbis extract. The request must contain, among other things:
Here's a very summary table of five steps to follow to achieve the formalities linked to a relocation of the head office :
| Order | Approach | Short Description | Time limit |
| 1 | Adopt a decision to transfer the registered office | Making a decision, by the authorized body, under the conditions required by law or the articles of association and drafting of minutes | Starting point |
| 2 | Rectify the statutes of the company | Update of the clause of the articles of association affected by the change (indication of the new registered office) | At once |
| 3 | Publish one or two legal announcements | Drafting of a notice and sending it for publication in a journal of legal announcements (two in the event of a change of jurisdiction) | In the month |
| 4 | Fill an M2 form (Cerfa 11682) | Completion, date and signature of the amended registration request form | From the publication of the notice |
| 5 | Request a new Kbis extract | Sending a request for amending registration to the registry of the commercial court | As quickly as possible |
The deadline for making the transfer is 8 days from the approval of the general meeting.
The documents to be provided are a K-Bis extract dated less than 3 months, a notarial deed and the declaration of transfer of the registered office.
After the transfer, the steps to be taken are the modification of the articles of association, the modification of the entries in the Trade and Companies Register (RCS) and the notification to the tax and social authorities.
