All limited liability company is required to designate a place of residence. This may be located in premises rented or belonging to the company or, under certain circumstances, in the executive's personal residence. This sheet deals with the EURL headquarters.
Importance of the EURL headquarters
Le the head office by Sole Proprietorship with Limited Liability (EURL), or its "legal domicile", isoffice address of the society. It is mentioned on the Kbis extract and must be indicated on all documents issued by this company (invoices, purchase orders, letters, etc.).
The seat is defined in the statutes of the EURL, in addition to the corporate name, longer term, of the company, thesocial object and capital. It may be the same as the one where the activity is carried out or another premises. An EURL can only have one, but it can have several secondary establishments.
The head office is essential because it determines:
- the nationality of the EURL and the legislation that applies to it (company law, taxation, labor law, etc.),
- the EURL's interlocutors before the courts (commercial or civil) and for legal advertising (legal notices).
Select a registered office for an EURL
In general, a EURL must be domiciled in a Gym what loue (a commercial or temporary lease is then signed) or holds (a notarial deed is issued). Nevertheless, it has the freedom to fix its registered office at a domiciliation company, in a business incubator or at the residence of the head under certain conditions.
Establish the registered office at the address of the manager
The possibility of designate the registered office in a third party is only offered to the legal representative of theEURL that is to say to his leader. It is forbidden to install it with the sole shareholder if he is not a director.
Installation can be permanent or not. Indeed, legal provisions or contractual stipulations can prevent a permanent domiciliation (this is the case, for example, when the person responsible is the tenant of his home and his contract for residential use limits the domiciliation of a company). In this case, the direct debit is limited to a period of five years and it must be communicated, for the creation of a company, in writing (preferably by registered mail with request for acknowledgment of receipt) to the person concerned. As the deadline approaches, it is necessary to find another location. Otherwise, the EURL is exposed to the risk of being automatically struck off.
Fix the head office in a business center
Some domiciliation companies with special prefectural approval offer serve as a headquarters for other businesses. This practice is accepted but it must lead to the establishment of a domiciliation contract which must contain certain mandatory information.
These business centers not only offer domiciliation, but they also provide additional services (telephone switchboard, management of administrative equipment, etc.).
Establish the head office in a business incubator
THEbusiness incubator is a structure that welcomes new and young companies. It gives them the opportunity to take advantage of considerable infrastructure (provision of meeting rooms, a telephone switchboard, computer equipment for presentation or printing, a place to eat, etc.) for a rather low rent.
The use of a business incubator nevertheless constitutes a temporary domiciliation solution for an EURL as well as for all other companies.
Registration of the EURL headquarters in the RCS
Once chosen, the EURL headquarters must be recorded at the registry of the commercial court to appear in the Trade and Companies Register (RCS). The request must be made using a specific form, the M0, and accompanied by supporting documents:
- a copy of the title deed if the EURL owns the premises,
- a copy of the commercial lease or a short-term rental if the premises are rented,
- a certificate of address signed by the manager and proof of address if the EURL is domiciled.
Note: these documents are not the only ones necessary for the registration of the EURL.
Moving the headquarters of an EURL
During his social life, the sole shareholder has the possibility de transfer the registered office of its EURL. This is defined as a statutory change. A defined procedure must then be followed:
- adoption of a unilateral decision mentioned in a report of the sole shareholder,
- modification of the statutes of the EURL,
- display of a notice of transfer of registered office in a journal of legal notices,
- declaration of the move to the registry of the commercial court.
