modify company statutes online

Changing your status online: how to do it?

More and more companies are turning to the web to make statutory changes. Faster and more flexible, this option is available for most cases. A company can carry out these formalities itself or entrust them to a professional. She also has the option of turning to an online legal platform. Foundation-company-ricard explains to you how to change status online.

Ways companies have to change their statutes

First, it is important to point out a clear rule. In theory, the steps necessary to modify the articles of association of a company incumbent to the latter. So she has to find models documents (if it does not have them) and adapt them. Here is a list of the documents generally required:

  • Minutes of extraordinary general meetings (or decisions of the sole shareholder),
  • Legal announcements of changes to the statutes (to be adapted according to the desired change).

Once the deeds have been drawn up, they must be signed by the company. Then, these documents must be sent to specific organizations, by mail (paper format) or via Internet (numerical format).

In addition, a company can entrust a professional to carry out all the necessary work in its place. The classic method is to use the services of a online legal platform, whose mission varies according to the tariff chosen. Thus, the process of modifying the articles of association can be entirely managed by the platform; the procedures will then be fully digitized.

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  • The decision-making body,
  • The address of the head office,
  • The RCS number of the registry of the commercial court of the seat.
  • The legal announcement of modification of the statutes must be signed by legal representative of the society. The latter must also attach to it a proof of identity and copy of amended statutes.

    Procedure for modifying the articles of association of a company

    Adapt the statutes of a company requires performing specific tasks. This is quite easy for one-person companies (such as SASUs or EURLs), but becomes more complicated for those with several shareholders (SAS, SARL, SA, etc.). Basically, the process is the same for all the transformations considered:

    1. The responsible body decides to modify the statutes,
    2. The partners modify their regulations,
    3. The representative publishes a legal notice of change,
    4. The company sends a file to the registry of the commercial court.

    Requirements for adapting the statutes

    There are several forms of statutory amendments, some more complex than others. The main ones are:

    In such circumstances, it is essential to know the requirements to be met to make a change. Here is a summary of these conditions, for each legal form:

    Status Decision-making body Quorum and majority
    SASU Sole shareholder Not applicable (taking a unilateral decision)
    SAS The partners for certain modifications
    The body determined by the statutes for the others
    Conditions provided for in the articles of association (including for the consultation procedures)
    EURL Sole shareholder Not applicable (taking a unilateral decision)
    SARL Shareholders meeting in an extraordinary general meeting Quorum: 1/4 on 1st consultation then 1/5
    Majority: 2/3 of the shares of those present or represented

    In some cases, the modification must be registered and with the business tax service (SIE) to which the company depends. This concerns in particular capital increase operations or transformation into another legal form. This formality entails the payment of rights amounting to €375 or €500 depending on the size of the capital in relation to the threshold of €225. However, some acts are recorded free of charge.

    Textual modification of the statutes

    When the competent body has decided to modify the statutes and this decision has been taken, a correction initial statutes. To this end, they must reproduce Alike the mentions du report. These statements will replace, where applicable, those that are obsolete.

    This work is most often carried out by the partners. However, they can delegate this task to another person, acting in their name and on their behalf. Usually, it is the legal representative (manager or president for example). This transfer of powers must be provided for in the amending act.

    Dissemination of a legal notice of change

    For the modification to be enforceable against third parties, it must be published. To do this, the company must distribute, one month after the change decision, a opinion special in a journal of legal announcements (JAL). It's about a legal notice. Sometimes, the legislation even imposes to publish two people, in particular in the event of transfer of the registered office to another commercial court registry jurisdiction.

    The legal announcement of modification of statutes must contain several informations such as:

    • Details to identify the company,
    • The effective date of the change,
    • The nature of the transformation carried out, specifying the new but also the old mention,
    • The decision-making body,
    • The address of the head office,
    • The RCS number of the registry of the commercial court of the seat.

    The legal notice of modification must be

    • The court registry where the company will file its application for conversion.

    Request to update company information in the Trade and Companies Register (RCS)

    The last step of a revision of the statutes is to submit a update request details of the company appearing in the trade and companies register (RCS). To do this, the company must set up a dossier and submit it to the registry of the commercial court or to the business formalities centre. Here is the contents of such a folder:

    • A copy of the updated statutes certified true by the legal representative,
    • A certified true copy of the report recording the modification,
    • The "M2" form completed and signed by the legal representative or an agent,
    • A possible additional proof (in particular in the event of transfer of seat),
    • A copy of the certificate of publication of the legal announcement,
    • And an original signed power (in case of delegation of power).

    Filing can take place by post or directly online. In the latter case, it is carried out on the infogreffe.fr website. This approach allows the partners or the agent not to travel for the formalities. However, it requires the possession of a specific electronic certificate (paid). It is characterized by the following stages:

    • Creation and configuration of the account on the infogreffe.fr portal;
    • Completion of the M2 form on the screen according to the nature of the modification;
    • Sending of the required supporting documents in PDF format and payment of court fees.
     

    Do you want to modify your statutes? Use our partner service: I modify !

     

    TO BE ALSO DISCOVERED ON THE SUBJECT OF AMENDMENTS TO ONLINE STATUTES:

    Q1: How do I change my status online?

    A: You have to log in to your account and go to the settings to modify your biography and statuses.

    Q2: What is the point of modifying one's articles of association online?

    A: Changing your status online allows you to share information or updates with a large number of people, very quickly.

    Q3: How do I make sure the update is visible to everyone?

    A: Check the privacy settings to make sure the update is visible to everyone.

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