La SARL must determine the location of its head office. It may be located in premises that it rents or that it owns. Another option is direct debit (paid or at the manager's address). Foundation-company-ricard outlines the main points to remember about the registered office of the LLC.
Le the head office is the official address of a SARL. It is similar to a legal residence like that which exists for natural persons. It is not necessarily located in the same place where the business activity is carried out.
Le registered office of an LLC represents its base location. Thus, a company has only one head office, but it has the possibility of opening additional establishments.
Le the head office is an important part of statutes of LLC, just like the corporate name, longer term,,social object or the share capital of the company. What's more, it is mentioned in the SARL's extra Kbis, issued by the commercial court and must be listed on all documents produced by the company (letters, invoices, purchase orders, etc.).
This LLC feature is fundamental. Indeed, it determines the nationality of the company and this, consequently, the rules it must observe (business law, company law, tax law, accounting law, etc.); it also makes it possible to identify the different interlocutors of the company (courts with jurisdiction in the event of disputes, commercial court able to receive any request for rectifying registration in the RCS, newspaper of legal announcements authorized to broadcast special announcements).
Usually a SARL must choose a location for its head office, whether it is:
It can also choose to take up residence with a domiciliation company, or in a business incubator, under certain conditions.
It should be noted that only the legal representative of the SARL, that is, its manager, has the authorization to host its the head office. It is not possible to domicile it with one of the partners.
The direct debit can be temporary or permanent. It can be temporary for legislative reasons or stipulated in a contract (such as when the manager rents his home and the clause of his residential lease prohibits this).
When it is limited in time, the direct debit cannot last more than 5 years. At the end of these five years, she will have to find another place.
When the SARL is being created, the direct debit must be communicated to the person concerned.
A multitude of companies (called domiciliation companies“) propose to serve as headquarters to other companies. However, they must have proper authorization to offer these services and have a domiciliation contract signed, governed by law.
In addition to the domiciliation service, they can also offer additional administrative services (printing, mail, telephone switchboard, etc.).
A business incubator is a structure that accommodates recent companies on a temporary basis. It provides them with a lot of infrastructure to avoid making investments (meeting rooms, telephone switchboard, computer equipment, place to eat, games room). In exchange, the companies that benefit from it pay rent. It is usually very low at the beginning and increases over time (this encourages the company to leave the premises after several years).
A SARL can not domiciliate his seat that tentatively in a business incubator.
when SARL manager a selected a seat location, he must indicate this in a special register which provides important information on commercial enterprises: the trade and companies register (RCS). This place of headquarters must be detailed in an "M0" form when the company is created.
A certificate attesting to the occupation of the premises must be accompanied by a series of documents:
During the life of the Company, the partners can decide to carry out a relocation of the registered office of the SARL. A certain number of formalities must be respected:
