All one-person simplified joint-stock company - SASU – is empowered to change its corporate name whenever she wants. By virtue of its one-person character, the formalism to be observed is quite simple (it will notably include a transformation of the statutes). Foundation-company-ricard offers you a file on the steps to accomplish and the steps to be respected in order to achieve modification of the company name of a SASU :
Change the name of a SASU
Without statutory instructions, the authority to change the name of a SASU rests with the sole shareholder. This is evidenced by taking is. However, the statutes of a SASU may indicate that this competence is granted to another entity (for example the president).
SASU with single management whose sole partner is also president
Change the name of a SASU whose president is the only partner is very simple: it is the person who proposes the modification who makes the decision. So, for the sole partner, it suffices to write a record of decision (in a specific register) with a special mention as follows:
Decision number [number] – Modification of the corporate name
The sole shareholder decides to adopt as a new name, from the [Effective date of change of corporate name] : [New corporate name].
Therefore, the article [Article number modified] of the articles of association has been amended as follows:
“The name of the Company is: [New corporate name] »The rest of the article is unchanged.
SASU with sole management whose president is a person other than the sole shareholder
In some cases, the chairman is not the sole shareholder but another person. In this case, the corporate officer must draw up a short report and send it to the sole shareholder before making his decision. The content of this report is very succinct because the president will:
- Mention the justifications requiring a company name change,
- Submit a proposition regarding the new name,
- Indicate to the sole shareholder that he must modify the statutes Consequently.
In this configuration, the sole shareholder's decision report will differ slightly:
Decision number [number] – Modification of the corporate name
The sole shareholder, after having heard the reading of the president's report, decides to adopt as a new name, from the [Effective date of change of corporate name]: [New corporate name].
Consequently, the article [Article number modified] of the articles of association has been amended as follows:
“The name of the Company is: [New corporate name] »The rest of the article is unchanged.
SASU with a collegiate body
A SASU may have a collegiate body authorized to make decisions for the good of the company. In this case, it is necessary to verify the scope of the powers given to it in the articles of association and to apply the rules of operation of the board (meeting procedures, quorum and majority).
Modify the statutes of the SASU
When a change of corporate name is voted on by the sole shareholder, it is necessary to update the statutes of the SASU. The partner can delegate this task to the president. If this is the case, the sole shareholder decision report must include the following statement:
Decision number [number] - Delegation of power
The sole shareholder delegates all powers to the bearer of a copy or an extract hereof for the purpose of completing all legal formalities.
It will then be necessary to replace the old mention by the new one. The sole shareholder does not have to sign the amended articles of association (it is enough for him to note “certified in conformity” on the first page and to sign). No need to save the statutes.
Legal procedures to follow to change the commercial name of a SASU
Write and publish a notice concerning the modification of the commercial name of a SASU
All changes related to the statutes must be communicated to third parties. For this, a specific announcement must be published in a court announcements newspaper. Its content must cover the department where the SASU's head office is located. Publication should be done within one month of the decision date taken by the sole shareholder.
Here is an example ofjudicial announcement of change of trade name of SASU :
Notice of trade name change
Company name: [former trade name of SASU]
Form : [legal form of the company: SASU]
The head office : [location of SASU head office]
Share capital: [value of share capital in €] euros
Siren number [siren number] RCS [city]
By decision dated [date of the trade name change decision] it was noted to modify the name of the company, as of [effective date of trade name change], [new trade name]. The article [number] of the Articles of Association has been amended accordingly.
The legal deposit will be made in the trade and companies register of [city].
For notice and mention.
Send a file at the Business Formalities Center
For the changes to be taken into account in the Trade and Companies Register (RCS), a complete file must be compiled and sent to the Business formalities center (CFE) or at the registry of the commercial court. It must contain the following documents:
- A copy of the minutes of the decision to change the commercial name of the SASU, certified true by the president,
- A copy of the statutes updated, dated and certified true by the president,
- A certificate of publication of a notice of modification in a newspaper of judicial announcements,
- A completed and signed M2 form,
- And a check payable to the registry of the commercial court for payment of formalities.
Alter trade name of a SASU is a relatively easy procedure in practice. In the event that the sole shareholder is chairman, the use of a simple decision report is sufficient. Otherwise, the chairman must draw up a report and communicate it to the sole shareholder. Then, a judicial announcement must be published and a file must be sent to the CFE or to the registry.
Q1: What is a SASU?
A1: A SASU (Société par Actions Simplifiée Unipersonnelle) is a legal form of public limited company which can only be made up of one person, the manager.
Q2: What documents are required to change the corporate name of a SASU?
A2: To modify the company name of a SASU, you must provide the competent services with a modification request file including: a declaration of modification of the company name, a Kbis extract dated less than three months, a copy of the modified statutes , a letter of authorization from the manager.
Q3: What is the cost to change the corporate name of a SASU?
A3: The cost to change the corporate name of a SASU varies according to the competent services. It takes on average between 150 and 200 euros in deposit fees.
