In order to decrease the amount of sound capital, a company (EURL or SARL, SASU or SAS, etc.) may carry out a dematerialized operation, that is to say online. She then has the option of do the legal formalities itself or entrust this task to professional. The use of a online legal platform is also conceivable. Foundation-company-ricard shows you how carry out a capital reduction on Internet.
Ways to decrease the share capital of an online business
There are two methods to decrease the share capital of an online company :
- directly by itself,
- Or through a professional chosen by her.
When she decides to manage itself this operation, the company must take into account the legal procedures associated with the capital reduction. She must then to write legal documents, such as the minutes of the extraordinary general meeting and thelegal notice. She will have to be careful when looking for models on the internet, and make sure they are reliable. She will also have to contact each necessary contact person herself (journal of legal announcements, registry of the commercial court, etc.).
However, if she decides not to take care of the procedure herself, she can call on a professional (lawyer, chartered accountant, jurist, etc.) or to a online platform. It is therefore important that it clearly specifies the scope of the mission. The professional can take on all or part of the tasks. He will be remunerated for these services, which constitutes part of the capital reduction cost.
Procedure to follow to decrease the share capital of an online business
Decrease share capital of a business can be complex. Indeed, this operation puts in place legal constraints and requires a certain formality. The steps to follow to reduce the share capital vary according to the legal form of the company. Here is a general overview:
- A decision to reduce the share capital is taken by the competent body,
- the clauses of the articles of association that may be affected are modified,
- a legal announcement is published in a newspaper,
- the company submits an updated amending application for registration.
Identification of the bodies authorized to reduce the capital
Legislation requires the company to consult a particular body to lower the amount of share capital. This body depends on the legal form of the company. The most common are:
| Status | Body holding the power to reduce the capital |
| EURL | Sole shareholder EURL (based on a report if the manager is not the owner). |
| SASU | Sole shareholder of the SASU (based on a report if the president is not the owner). |
| SARL | Community of partners under the conditions provided for extraordinary decisions. |
| SAS | Community of shareholders in accordance with the terms and conditions set out in the articles of association. |
Change of the clauses of the statutes
The amount and composition of the share capital generally appear in two separate clauses of the statutes of the society. Thus, when a modification concerning it is carried out, these clauses need to be updated.
If the company takes care of the legal formality itself, it must amend its articles of association. It may, however, delegate to a third party the power to carry out this work in its name and on its behalf.
Publication of a legal announcement
Social capital represents a major factor that individualizes society. When a transformation concerns it, the company must inform the people who could find it of interest.
In order to guarantee this dissemination of information, a legal notice must be published. It must contain specific information and be distributed within a month.
Request correction of information online
Once a company has notified third parties of its capital reduction, she must proceed with the data modification mentioned on his Kbis extract. More specifically, it must submit a amending registration in the trade and companies register (RCS).
To do this, it must provide the registry of the commercial court with a file including supporting documents:
- A modified registration application form (M2),
- A copy of the minutes deciding the capital reduction,
- A copy of the certificate of publication of the legal announcement in a JAL,
- A copy of the updated statutes,
- And a check payable to the registry of the commercial court.
Le file can be forwarded either in paper version, or in electronic version, via the site www.infogreffe.fr. This possibility of make a capital reduction online saves time for the company, without having to travel. The steps to follow are as follows:
- Create and configure your account on the infogreffe.fr website,
- Fill in an M2 form, read it again on the screen and validate it,
- Import supporting documents in the requested format,
- Pay the capital reduction costs using a bank card.
READ ALSO ABOUT ONLINE CHANGES:
