A Simplified joint stock company (SAS) must establish a registered office. She can establish it at the place of her choice, whether it is real estate that the company owns or rents. It is even authorized to designate the place of establishment of the company at the residence of the president. Foundation-company-ricard informs you about everything you need to know about the SAS head office.
Profits from SAS Headquarters
Le the head office by SAS is in a way the legal address of the company, the equivalent of a domicile for natural persons. It can be at the location where the activity is carried out, but it is not mandatory. It can be premises, shops or others.
Le headquarters of an SAS is unique: only one main address is possible, and it is possible to open secondary establishments. Among the clauses to be mentioned in the SAS statutes, the head office is reported, as is the longer term, legal, corporate name, business purpose and capital.
Here are the advantages of this legal peculiarity :
- It allows to know the SAS nationality and its applicable rules,
- It provides information on the main interlocutors of the company (tax service, judges, journal of legal notices, etc.).
Choose a place for the registered office of an SAS
A SAS cannot select sound the head office that in a place it operates. It must be the owner, tenant (it must hold a commercial or short-term rental contract) or occupy it free of charge (domiciliation with the president) or onerous (domiciliation with a specialized firm or in a nursery).
Serve as the SAS head office at the President's home
La domiciliation at the legal representative of the company is authorized in the case of SAS. However, this can only be done at President's residence (domiciliation with one of the partners is prohibited).
This method can be temporary or permanent. Indeed, rules stipulated by law or provisions present in a rental contract can reduce the time of domiciliation or even prohibit it. When the direct debit is temporary, it cannot exceed a period of five years.
Domiciling the SAS head office with a domiciliation company
Companies specializing in the domiciliation of companies with special approval offer act as the head office. This operation is documented in a domiciliation contract. The stipulations it contains are closely framed by law.
In addition to the domiciliation activity, they can also provide additional services. These are generally administrative services (photocopies, printing, etc.).
Domicile the head office of the SAS within a business incubator
The young SAS can be hosted by business incubators. These structures offer them numerous infrastructures (secretariat, reception, conference room, offices, etc.) so that recent companies do not have to invest.
Rent is requested in return for these services. It increases over time so that the company only occupies the premises to a limited extent.
This form of direct debit is only permitted in such a way temporary.
Indicate the location of the registered office to the RCS
when SAS is incorporated neighborhoods, are the head office address must be registered in the Trade and Companies Register (RCS). For this, it must be mentioned in a special sheet (M0) and accompanied by proof of occupation of the premises.
So thehead office location will be mentioned on theKbis extract of the society.
The supporting document can be one of the following documents:
- Title deed (the deed of purchase or a certificate from the notary for example),
- Commercial lease or rental agreement,
- Certificate of address signed by the president accompanied by his own proof of address.
Relocation of the registered office of an SAS
During his life, a SAS may change address. This process requires compliance with the procedure provided for in the SAS statutes. Indeed, the legal framework does not necessarily provide for a collective decision by the shareholders of the SAS. Depending on the statutes, this change can be made by the president or by a body specially appointed for this purpose.
Here are the main steps to follow in the most common case (consultation of shareholders at a meeting):
- Organize an extraordinary general meeting of shareholders,
- Write minutes of the EGM,
- Modify the statutes of the SAS,
- Publish a legal notice of transfer of registered office in a JAL,
- Update the Kbis extract.
Do you want to create an SAS? Use our partner service: I create online!
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