French Commercial code
In force1. Information relating to the person
1.1. Identification of the company.
Where the Articles of Association translated into French have been filed with the registry prior to the application for registration, copy of the filing receipt.
Extract of the registration in the foreign company register or title justifying the existence, translated, where applicable, into the French language.
1.2. Identification of the persons with the power to bind the company in France.
1.2.1. French nationals and nationals of a Member State of the European Union:
- copy of valid national identity card or passport;
- attestation on honour relating to the absence of conviction or civil or administrative sanction likely to prohibit the exercise of a commercial activity, showing parentage.
- 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.
1.2.3. Foreigners.
1.2.3.1. Person not resident in France:
- copy of valid national identity card or passport;
- receipt for filing of prior declaration.
1.2.3.2. Person residing in France:
- documents prescribed by section 1.1.3.2 of Annex I;
- attestation on honour, on plain paper, relating to the absence of conviction or civil or administrative sanction likely to prohibit the exercise of a commercial activity, showing parentage.
1.3 Conditions of practice.
1.3.1 (deleted)
1.3.2. Regulated activity.
Copy of the provisional or definitive authorisation of the diploma or title in accordance with article R. 123-95.
1.3.3. Person with the power to bind the taxable person.
For persons with authority in the establishment to commit the taxable person on a regular basis by their signature: documents prescribed in 1.2 above.
2. Information relating to the first establishment in France
2.1. Proof of occupancy of the premises or proof of the company's address fixed at the residential premises, by any document drawn up in the name of the person required to be registered that makes it possible to prove the reality of the address declared.
2.2. Origin of the business acquired or received:
- by purchase, auction, allocation by way of partition: copy of the registered deed and certificate of publication in a legal gazette or copy thereof;
- by donation: copy of the deed of donation;
- by contribution: copy of the deed and certificate of publication in a legal gazette or copy thereof;
- by management lease: for the tenant-manager, copy of the management lease contract and certificate of publication in a legal gazette or copy thereof;
- by management-appointment: for the agent, copy of the management-appointment contract and certificate of publication in a legal gazette or copy thereof;
- under a transfer plan, for the management of the business transferred: copy of the judgment ordering the transfer plan.
3. Opening an establishment
within the jurisdiction of a new registry
3.1. Main registration following the transfer of the first establishment :
- registration extract from the previous registration dating back less than three months;
- proof of enjoyment of the premises where the registered office is located by any document drawn up in the name of the company making it possible to prove the reality of the address declared;
- if the legal representative uses the option of locating the registered office at his home for a limited period, proof of his domicile by any document drawn up in his name making it possible to prove the reality of the address declared;
- occupation of shared premises: if the registered office is located in premises occupied jointly by one or more companies: copy of the domiciliation contract referred to in articles R. 123-167 et seq including the references of the prefectoral approval provided for in article L. 123-11-3 and extract from the RCS or trade register of the domiciliary, 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;
- origin of the business acquired or received:
- by purchase, auction, allotment by way of partition: copy of the deed registered and certificate of publication in a legal gazette or copy thereof;
- by way of gift: copy of the deed of gift;
- by contribution: copy of the deed and certificate of publication in a legal gazette or copy thereof;
- by management lease: for the tenant-manager, copy of the management lease contract and certificate of publication in a legal gazette or copy thereof;
- by management-agent: for the agent, copy of the management-agent contract and certificate of publication in a legal gazette or copy thereof;
- under a transfer plan, for the management of the business transferred: copy of the judgment ordering the transfer plan.
3.2. Secondary registration following the opening of a new establishment:
- extract from the main registration dating back less than three months;
- origin of the business acquired or received:
- by purchase, auction, allocation by way of partition: copy of the deed registered and certificate of publication in a legal gazette or copy thereof;
- by way of donation: copy of the deed of donation;
- by contribution: copy of the deed and certificate of publication in a legal gazette or copy thereof;
- by management lease: for the tenant-manager, copy of the management lease contract and certificate of publication in a legal gazette or copy thereof;
- by management-agent: for the agent, copy of the management-agent contract and certificate of publication in a legal gazette or copy thereof;
- under a transfer plan, for the management of the business transferred: copy of the judgment ordering the transfer plan.
