Commercial companies (EURL, SASU, SAS or SARL) can change their headquarters address on the Internet. They can do it themselves or use a online platform with an accompaniment. If they decide to delegate the task, they should choose a reliable service provider. There online platform must not be an automaton but must be supported by professionals (accountants, jurists, lawyers). Foundation-company-ricard explains to you how to change legal residency online, that is to say via the web.
Options available to move the registered office online
A company has the is among two manners for move its headquarters online :
- Proceed herself to the modification
- Or use the services of a external provider to make the change
If the first method is chosen, the company will have to take care of the formalities and formalities inherent in the transfer of the registered office. Thus, she will have to find reliable models of acts on the Internet (registered office transfer report, legal notice, etc.), or go to the Chambers of Commerce and Industry (CCI) to obtain this information.
During the second option, the company will have to provide the chosen specialist with the documents necessary to carry out his mission. These are the articles of association (if they have not yet been drawn up) and all the supporting documents required by the registry of the commercial court (proof of occupation of the premises, for example). The mission carried out by the professional will depend on the instructions given by the company. Thus, it can benefit from a specific support (verification of the file) or complete (complete realization of the legal procedures).
How to transfer the registered office of a company online?
Le transfer of a company's registered office is governed by variable statutes depending on its type. Thus, the process to follow is relatively simple for a one-partner business. On the other hand, it is more difficult for multi-personal structures. But, the route to follow remains the same:
- Decision taken by the qualified body,
- Modification of the articles of association of the company,
- Advertising to be carried out in a newspaper of legal announcements,
- Filing of a file at the court office.
The conditions of the decision to transfer the seat
The transfer of the registered office of an EURL
Le transfer of the registered office of an EURL depends on the identity of thesole shareholder. Moreover, it is generally he who makes the decision and draws up the minutes. If the manager is not the sole shareholder, he is required to draw up a preliminary report.
The transfer of the registered office of a SASU
For this type of company, the law does not regulate the transfer of registered office of a SASU. Indeed, it leaves the articles of association to determine the body empowered to take this decision. Usually it's thesole shareholder who is invested in it. But, it may possibly be the president.
The transfer of the registered office of an LLC
The partners must meet in extraordinary general meeting for transfer the registered office of an LLC. They must also respect special quorum and majority conditions: 1/4 of the partners on first consultation (quorum) and 2/3 of the partners present or represented (majority) for SARLs created since 04/08/2005.
The transfer of the registered office of an SAS
La modification of the registered office of an SAS is governed by the statutes. Thus, the partners do not have to make a collective decision. The statutes can entrust this power to the president or create a body specially authorized for this task.
The modification of the statutes
All types of companies should change their status when they decide to transfer the registered office. The new address must therefore replace the old one in thearticle appropriate. In addition, the partners may authorize the corporate officer to take the necessary steps for this operation. This authorization must be recorded in the deed of transfer.
Publication of a legal notice
When a company moves, it must notify all interested parties. So the transfer of registered office require the release of a advertising in a newspaper of legal announcements. This publication must be made within one month of the date of the decision. I'legal notice of transfer of registered office must contain several mandatory information.
If the company does not change department, it only needs a legal announcement. On the other hand, if it has a new establishment in another department, it must distribute two: the first in the department of its former headquarters and the second in that of its new address.
Submit the registered office transfer file online
To perform the declaration modification of the registered office, the company must set up a file complete with:
- A certified true copy of the updated statutes,
- A certified report relating to the transfer of the registered office,
- The “M2” form,
- A proof of occupation of the premises,
- The copy of the legal announcement,
- La list of former headquarters (if the registry changes),
- An original power of attorney (if applicable).
The deposit of dossier can be done on the infogreffe.fr website to benefit from the advantages offered by online entry: time saving and travel savings. To do this, it is necessary to have a specific electronic certificate and:
- An account on the infogreffe.fr website,
- Filling in the M2 form online,
- Adding supporting documents in digital format,
- The payment of head office change fees by credit card.
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