You are going to move the headquarters of your company. In addition to the practical questions related to this change, you are going to have to carry out some administrative formalities. Listed in your articles of association, and whatever the legal form (EURL, SARL, etc.) of your company, the transfer of the seat is the subject of the publication of a legal notice in an authorized newspaper …
Small feature, this formality may require the publication of two legal notices. It all depends on the address of the new headquarters. We will thus be interested in the jurisdiction of the court on which the locality in which you have your business depends. As a reminder, the jurisdiction is the territory (country, department) within which the jurisdiction of a jurisdiction is exercised. In the case of a transfer of registered office, the level of responsibility is that of the department.
Moving the seat in the same jurisdiction or in another?
Two cases will therefore arise. Either the old and the new address of your head office are located within the same department. Or the new head office is located in another department.
In the case of a moving within the same department, you will only have one legal announcement to publish in an authorized journal of this department.
The other case is therefore that which requests the publication of two legal notices, one in an authorized newspaper of the department left by the company, the other in an authorized newspaper of the installation department of the new headquarters. The publication journal can be the same if it has the authorizations in the two departments concerned. You have complete freedom to choose the medium in which the legal notice will appear. It is just necessary that the newspaper is qualified in the departments which concern you.
The template for the ad is quite simple. The announcement includes the information contained in the act validating the transfer of seat and the legal information of your company (legal nature, share capital, manager, etc.).
What steps and in what order?
Society must first act the decision to change the registered office. Depending on the legal form, the decision-making bodies holding the power validate the move. The procedures are different if it is an SARL, an SA or a SASU. In some legal forms, if the new department is not the same or is not bordering, this may require a heavier validation process.
Following the decision, you will haveone month to register it with the clerk of the commercial court to which your new head office is attached. This is when you will need to present the copy of the published legal notice or the certificate of publication provided by the newspaper. Or both announcements if necessary. Don’t forget to do this formality!
For the registration of the act of this transfer of seat, your file includes the following documents:
- an up-to-date copy of the articles of association, dated and certified true by the legal representative;
- the M2 (legal person) or P2 (natural person) form;
- proof of use of the new premises (title deed, lease contract or electricity bills);
- the certificate of publication of the legal advertisement or the legal advertisement published (2 advertisements obviously if necessary);
- the original of the legal representative’s power if he did not sign the forms.
The registry of the court of the former headquarters will be informed by that of the new headquarters to effect the deletion of the trade and companies registers.
>> To publish a legal seat transfer announcement, you can complete this formality online via our service
Publication of legal notices
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