Business enterprises must obtain a registration to a specific register: the RCS. The Trade and Companies Register contains various information on traders. If a company changes any of this information, it must report it and file a request for modification of the RCS. Foundation-company-ricard examines these requests for modification of the Trade and Companies Register (RCS). The aim is to answer the following questions:
What is conversion in the Trade and Companies Register?
Business enterprises must, during their creation procedure, register in the trade and companies register (RCS). The RCS is a file that list all traders and stores lots of data about them. This information is governed by laws and regulations. Registration also applies to sole proprietorships as well as corporations. It is the registry of the commercial court that receives and processes this request.
However, business information may change over time. Indeed, their existence is not static and any company can change, during its lifetime, some of its specificities. In this case, when the qualified body has taken the decision to change one of the characteristics of the company, it must make a conversion request in the RCS at the registry of the commercial court.
This request takes the form of the filing of a dossier. It results from a voluntary approach of the company: no one (apart from a third party mandated for this purpose) can carry out the formalities in their place.
When is it necessary to request an update in the trade and companies register?
In the event of a change, the information in the RCS must be revised. In most cases, this measure is imposed when the statutes of the company are modified. We distinguish :
- Current amendments to articles of association,
- Exceptional amendments to the articles of association,
- And other types of modifications.
Current rectifications of the articles of association
Common rectifications do not require usually no additional difficulty. We find among others:
- Change of corporate name,
- Replacement of the manager (director or president),
- Transfer of registered office,
- Change of corporate purpose.
Exceptional amendments to the articles of association
Exceptional modifications are, as their name suggests, exceptional. They relate to complex operations and are motivated by a desire to:
- Extend the life of a business,
- Modify the share capital (theincrease or decrease).
Other types of changes
Other updates to the RCS are needed apart from changes to the statutes. This concerns the individual entrepreneur (change of surname or address) or the company (change of the closing date of the accounting year, opening/closing of an establishment, etc.).
How to request an update of the information appearing in the RCS?
here is gait What should a company do to submit a change request characteristics contained in the RCS :
- THEcompetent body must take the decision to modify one of the characteristics of the company (materialized in a written and signed document);
- Sometimes the document containing the decision must be recorded to the territorially competent business tax department;
- The company must write a legal notice and publish it in an authorized newspaper, usually within one month;
- The company representative must complete a online form (M2 or P2), constitute a dossier and send the whole to the registry of the commercial court;
- The registry of the commercial court carries out the amending registration, updates the information and issues a new Kbis extract to the company.
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Other information on modifying the characteristics of a company:
- What is the cost of a modification of statutes ?
- What is the procedure for amending the articles of association of a company? ?
- How to declare the change of registered office of a company ?
What is the Trade and Companies Register (RCS)?
Answer: The Trade and Companies Register (RCS) is a public document which records and publishes information relating to the creation and management of commercial enterprises in France.
What is recorded in the Trade and Companies Register (RCS)?
Answer: The information recorded in the Trade and Companies Register (RCS) includes information on the structure and status of the company, the date of creation, the registration number, the registered office, the share capital and the list of leaders.
How are changes to the Trade and Companies Register (RCS) made?
Answer: Changes to the Trade and Companies Register (RCS) can be made online, by post or by a notary. Changes must be submitted to the tax administration and to the registration of commerce and companies.
