When members of a society change consist of identity, they make him exchange trade name. This decision has several legal consequences. It requires, among other things, the fulfillment of advertising procedures and modification of the statutes. Foundation-company-ricard presents them to you in detail and summarizes all the steps to follow in a summary table.
Regulations prior to a change of corporate name
Company name change is a decision that can have important consequences. For this reason, it must be taken within the strict framework of the law.
Make the decision to change the name of a company
Only theorgans authorized for this purpose can change the corporate name from a company. In most cases, these are the shareholders. In some structures (SAS), this is not necessarily the case.
| Form | Competent body | Terms of deliberation |
|---|---|---|
| EURL | Sole partner, manager or not of the structure | Unilateral decision recorded in a register |
| SASU | Specified in the articles of association (sole shareholder in general) | Conditions established in the articles of association (most often unilateral decision) |
| SARL | Collective of partners (extraordinary meeting) | Quorum: 1/4 then 1/5 of the partners Majority: 2/3 of the partners |
| SAS | Designated in the statutes (generally the partners) | Specified in the statutes (the Law does not require a collective decision) |
The legal representative of the company must keep an up-to-date register of the main decisions of the shareholders. As regards the change of corporate name, the decision is recorded in a record general meeting (SARL/SAS) or decision of the sole shareholder (SASU/EURL).
Amendment of the company's articles of association
Once the new corporate name has been found and the decision taken, it is necessary to modify the articles of association. This operation is relatively simple: just replace the old denomination with the new one, reproducing it identically.
The Act does not require shareholders to re-sign updated articles of association. The legal representative must, however, affix the words "certified in conformity" and sign the first page of the document.
Procedures to follow following a change of corporate name
Drafting and distribution of an official announcement
The company has a month from the date of the modification of its name to publish a legal notice in a newspaper. This approach serves to inform the general public.
THEnotice of change of company name must include Required information such as the old and the new name, as well as the date on which the change is effective.
Submission of a file to the court registry
The company must then have its information updated by the Trade and Companies Register (RCS). One Kbis extracts is then provided by the court office.
Le dossier presented to the registry or to the business formalities center includes documents: an M2 form, a copy of the updated articles of association, proof of the publication of the legal notice and a copy of the minutes.
Summary of the procedures for a change of company name
Here's a very summary table of the 5 steps to follow to change the name of a company :
| Order | Procedure | brief description |
|---|---|---|
| 1 | Adopt a new name | Have the authorized body deliberate |
| 2 | Modify statuses | Replace old name with new |
| 3 | Publish a legal notice | Write a review and ask for it to be published |
| 4 | Fill out a specific form | Complete the M2 form, sign and date it |
| 5 | Request a new Kbis extract | Send a file to the registry or to the CFE |
Do you want to change denomination? Use our partner online service: I modify !
To find out more about the name change:
- What is the cost of a name change? ?
- How to change your company name online ?
- Who to contact to help me change my company name ?
What is the procedure for changing the company name?
Réponse:
The procedure for changing the company name depends on the legal status of the company. In the context of a sole proprietorship or a limited liability company, the modification must be declared to the Business Formalities Center (CFE). In the case of a joint-stock company (SA) or a partnership limited by shares (SCA), the company's articles of association must be amended at the registry of the commercial court.
Should the Business Formalities Center (CFE) be informed when the company name changes?
Réponse:
Yes, when the name of a company changes, the CFE must be informed. The formalities to be completed are detailed in the formalities repository available on the tax administration website. The procedure to be followed also depends on the legal status of the company.
Is it necessary to modify the statutes of the company in the event of a change of name?
Réponse:
Yes, if the company name changes, it is necessary to make statutory changes. This process is mandatory for joint-stock companies and partnerships limited by shares, and must be carried out at the registry of the commercial court.
