French Commercial code
In forceFRANCH COMPANY REGISTRATION APPLICATION
1. Information relating to the person
1.1. Identification of the company.
Attestation of publication in a legal gazette or copy thereof; for general partnerships or limited partnerships, copy of the insertion.
Where applicable, copy of the receipt for filing of the company's constitutive deeds filed with the registry prior to the application for registration.
1.2 Identification of directors.
1.2.1. For natural persons, partners and third parties, with the power to direct, manage or commit the company on a regular basis, as well as directors, members of the management board, members of the supervisory board.
1.2.1.1. If the person is registered with the RCS in a personal capacity:
- registration extract dating back less than three months or national identity card;
- attestation on honour, on plain paper, relating to the absence of conviction or civil or administrative sanction of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.1.2. If the person is listed in the RCS as the director of a legal entity:
- extract of registration dated less than three months or national identity card;
- attestation on honour, on plain paper, relating to the absence of conviction or civil or administrative sanction of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.1.3. If the person is not registered with the RCS:
1.2.1.3.1. French nationals and nationals of a Member State of the European Union:
- copy of valid national identity card or passport;
- attestation on honour, on plain paper, relating to the absence of conviction or civil or administrative sanction of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.1.3.2. Persons who are nationals of a Member State of the European Economic Area or of a State with which agreements have been concluded:
- copy of valid national identity card or passport;
- attestation on honour, on plain paper, relating to the absence of conviction or civil or administrative penalty of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.1.3.3. Foreigners.
1.2.1.3.3.1. Person not resident in France:
- copy of valid national identity card or passport;
- receipt of prior declaration issued by the prefecture of the place where the activity is carried out (only for commercial and/or craft companies).
1.2.1.3.3.2. Person residing in France:
- documents prescribed by section 1.1.3.2 of Annex I; for a non-trading company, any document proving the identity of the declarant;
- attestation on honour, on plain paper, relating to the absence of any conviction or civil or administrative penalty of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.2. For legal entities.
Extract of registration with the RCS dating back less than three months or, for legal entities not registered with the RCS, a document justifying their existence, where applicable translated into French.
Where applicable, in cases where there is a legal obligation to appoint a permanent representative of the legal entity: documents prescribed by section 1.2.1 and copy of the decision conferring this capacity.
For persons governed by the legislation of a State that is not a member of the European Community or a party to the Agreement on the European Economic Area or for persons not registered: documents prescribed by section 1.2.1 above.
1.2.3. For statutory auditors:
- letter of acceptance of the engagement;
- if the statutory auditor is not yet mentioned on the published list, certificate of registration on the list.
1.2.4. For partners who are indefinitely and jointly and severally liable.
1.2.4.1. French nationals and nationals of a Member State of the European Union:
- copy of valid national identity card or passport;
- attestation on honour, on plain paper, relating to the absence of conviction or civil or administrative sanction of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.4.2. Persons who are nationals of a Member State of the European Economic Area or of a State with which agreements have been concluded:
- copy of valid national identity card or passport;
- statement on honour, on plain paper, relating to the absence of conviction or civil or administrative penalty of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.4.3 Foreign nationals.
1.2.4.3.1. Person not resident in France:
- copy of valid national identity card or passport;
- receipt for prior declaration issued by the prefecture of the place where the activity is carried out (only for commercial, industrial or craft activities).
1.2.4.3.2. Person residing in France:
- documents prescribed by section 1.1.3.2 of Annex I; for a non-trading company whose partners are indefinitely and jointly and severally liable, any document proving the identity of the declarant;
- attestation on honour, on plain paper, relating to the absence of any conviction or civil or administrative sanction likely to prohibit the exercise of a commercial activity, showing parentage.
1.2.4.4. Legal entities:
- extract of registration with the RCS dating back less than three months or for unregistered legal entities: title justifying their existence, translated into French where applicable.
- for a natural person: copy of a valid national identity card or passport;
- for legal entities: extract of registration dating back less than three months or, for unregistered legal entities, title justifying their existence, translated into French where applicable.
1.2.6 Identification of persons with the power to direct, manage or commit on a regular basis by their signature:
- copy of valid national identity card or passport;
- where applicable, for a foreign national, the documents prescribed by section 1.1.3.2. of Annex I;
- attestation on honour, on plain paper, relating to the absence of any conviction or civil or administrative sanction of such a nature as to prohibit the exercise of a commercial activity, showing parentage.
1.2.7 Identification of the spouse who has opted for a status pursuant to article L. 121-4.
Collaborating spouse, partner spouse: proof of identity showing marriage.
1.3. Conditions of practice.
1.3.1. (deleted)
1.3.2. Regulated activity.
Copy of the provisional or definitive authorisation, diploma or title in accordance with article R. 123-95.
2. Information relating to the registered office
2.1. Proof of occupancy of the premises where the registered office is located by any document drawn up in the name of the company making it possible to justify the reality of the address declared.
2.2. If the legal representative uses the option to set up the registered office at his domicile for a limited period, proof of his domicile by any document drawn up in his name making it possible to justify the reality of the address declared.
2.3 Joint occupation of premises: if the registered office is located in premises jointly occupied by one or more companies, copy of the domiciliation contract referred to in articles R. 123-167 et seq indicating the references of the prefectoral authorisation provided for in article L. 123-11-3 and extract from the RCS or trade register of the domiciliary agent, unless the latter is registered at the same registry or is a French legal entity governed by public law or an association grouping together French legal entities governed by public law.
3. Information relating to the establishment
3.1. Acquisition of a business.
By purchase, licitation: copy of the deed and certificate of publication in a legal gazette or copy thereof.
By donation: copy of the deed.
By contribution: copy of the deed and certificate of publication in a legal gazette or copy thereof.
3.2. Lease management of a business.
Copy of the management lease contract and certificate of publication in a legal gazette or copy thereof.
3.3 Management of a business.
Copy of the management contract and certificate of publication in a legal gazette or copy thereof.
3.4. Management of a business transferred under a transfer plan.
Copy of the judgment ordering a transfer plan.
3.5. Merger by creation of a new company, demerger for the benefit of new companies, partial contribution of assets, merger/split scheme.
Extract from the RCS of the participating companies with mention of the operation and certificate of publication in a legal gazette or copy thereof.
3.6. Mention of establishments registered in a European Community country.
Extract of registration.
