▷ Moving a business: transfer of head office for a company 2020 -

Moving a business is an important decision. It is best if it is well prepared with regard to logistics. The business interruption should be as short as possible to avoid losing turnover. But the company must also take into account the administrative procedures and legal formalities. For a limited liability company SARL, as with other legal forms, the manager of the company must simply comply with the formalities and legal deadlines. Reminder of the rules defined by the commercial code…

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Change of department or not?

During its creation, the managers of the SARL define in its statutes a the head office, which is the company’s legal address. If the company moves, the law defines legal formalities since the legal statutes of the LLC are changed. There are three situations to be considered for formalities: if the company’s new head office is in the same department, in a neighboring department or in a non-bordering department.

This distinction is important for legal and tax considerations. The address of the head office defines the jurisdiction on which it depends: the legal jurisdiction. If you change departments, the same court (commercial or court depending on the department) will no longer be competent. It is therefore the registry of this new court that will record the information of the LLC in the commercial and company registers (RCS).

Taxes can change status if local conditions change from department to department. For example, tax exemptions may differ from one address to another.

Within the company, the procedure is not the same from one case to another. Within the same department, the manager can take the sole decision to transfer the registered office of the SARL. In the case of a different but bordering department, the decision of the managing director must be validated by the partners, with a minimum of ¾ votes. Ratification of the seat transfer decision is fairly straightforward in these two cases.

For a move of the LLC in a non-bordering department, the relocation project must be submitted to the shareholders for approval at the general meeting.

Your file for the transfer of registered office to the CFE or the registry

To be validated and properly registered with the RCS, you must provide the following documents to your cbetween business formalities (CFE) or at the court registry :

  • The M2 form;
  • 1 copy of the updated articles of association (certified true by the manager);
  • 1 copy of the AG’s report (certified true by the manager);
  • 1 copy of the legal advertisement published or the page of the newspaper which contains it;
  • 1 copy of the proof of occupation of the premises of the new head office.

This list is sufficient for a move within a single department. For a transfer of headquarters from one department to another, the documents required are slightly more numerous:

Do not forget to carry out these formalities. You have 30 days from the date of decision to do it. Without this formality, you will not be able to have a new Kbis extract.

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