The certificate of domiciliation: what does it consist of?

The address of your registered office enables you to conduct your business and communicate with the tax authorities, your customers or your partners. The certificate of domiciliation is a mandatory requirement for all companies. 

In this article, we'll explain how to register a company, what a registration certificate is for, and what information it must contain.

What is company domiciliation? 

Company domiciliation is defined as having a registered office address. As a company has its own legal personality, it is legally considered as a person. It must therefore have an address. This address may be separate from the address of its director(s). 

The domiciliation address serves as the company's administrative and tax address.

It will determine the tax base (local taxes), as well as the law applicable to any disputes to which the company may be a party. The domiciliation address also determines the jurisdiction of the court that will hear potential disputes.

This domiciliation, also known as commercial domiciliation, can take several forms: 

• Domicile at the Chairman's home, 
• Domiciliation at a commercial address, 
• Domiciliation in a business incubator, 
• Domiciliation with a domiciliation company. 

Let's take a closer look at these four forms of domiciliation, bearing in mind that they apply to all types of company.

Domicile at the Chairman's home

This is probably the simplest and least expensive form of domiciliation. It allows you to set up your company's registered office at your home address. However, this type of domiciliation is governed by law. To avoid any restrictions, you must be : 

• Homeowner, 
• Occupy it as your principal residence.

For young entrepreneurs, this rules out the possibility of domiciling a company in their parents' home. However, for those who do not own their principal residence, there are legal restrictions on this type of domiciliation. Domiciliation at the director's home may be prohibited by : 

• The provisions of the lease contract,
• Co-ownership regulations, 
• Local planning regulations. 

To check this last provision, you'll need to contact your local town hall and speak to an official from the town planning department. 

However, falling within one of these restrictions does not prevent you from domiciling your company at the address of your principal residence. However, this domiciliation will be limited to a period of five years.

This may seem an attractive way to get started, but once this period has elapsed, the Registrar will automatically remove your company from the Trade and Companies Register. So, if you forget to change your registered address, you risk losing with the stroke of a pen what you've spent five years building up. 

A change of address also comes at a cost, which includes the clerk's fees and the publication of an announcement in one or two legal gazettes following the modification of your company's articles of association.

Fortunately, there are more permanent solutions. 

Domiciliation in commercial premises

When your company's operations require commercial premises, you can domicile your company at the address of this property. Whether you own the premises or have a commercial lease, you can domicile your company at this address.

When your business activity does not require the purchase or rental of commercial premises, you should never buy or rent one for the sole purpose of domiciling your company. This solution is far too expensive. 

There are other ways of domiciling your company's head office that avoid such extremes. 

Domiciliation in a business incubator

This form of domiciliation is often presented to you when you have been supported by a business incubator in the preparation of your entrepreneurial project. What's interesting is that a business incubator is often associated with "start-up", "dynamism" or "incubation".

This reputation appeals to customers, investors, suppliers and all other agents who interact with the company. What's more, you'll benefit from the resources that a business incubator offers, particularly in terms of office automation, with access to printers, scanners and any other digital tools essential to the day-to-day running of a company. 

However, domiciliation in a business incubator rarely exceeds six months. After this period, you are invited to domicile your company elsewhere. This address does nothing more than provide you with a Kbis number to start your business. 

You will therefore need to amend your articles of association very quickly to change your address and pay the associated fees, which we have already briefly mentioned: 

• Clerk's fees, 
• VAT, 
• INPI, 
• Advertisement in one or two legal gazettes, 
• Etc. 

You understand that a good domiciliation is one that, from the outset, can accompany the entire life of your company.

When neither domiciliation at your principal place of residence nor domiciliation in commercial premises is possible in the long term, you need to turn to a final form of domiciliation: domiciliation with a domiciliation company. 

Commercial domiciliation with a domiciliation company

The most durable solution, business domiciliation with a domiciliation company is fast and inexpensive. Solutions are available from as little as one euro per month, and addresses are generally plentiful. 

If you've ever dreamed of setting up your company on the Champs-Elysées, or in the center of Marseille, Lyon or Toulouse, the domiciliation company offers you this opportunity. 

Having a prestigious address in Paris, for example, will give you greater credibility with your customers and suppliers. It's better for business to domicile your head office in Paris than in a remote village or studio address in a remote suburb. 

What's more, domiciliation companies offer services that are perfectly adapted to your company's needs: 

• Telephone answering service,
• Receiving, sending and scanning mail, 
• Office rental, 
• Meeting room rental,
• Provision of computer equipment,
• Etc.

So, as your company grows, you can review your contract with the domiciliation company and adapt it to your needs. Because it's a contract that's signed with the domiciliation company. So your relationship is protected, because it's framed by a contract. 

Domiciliation companies also benefit from prefectoral approval, which assures you of the seriousness of the company, as well as the real existence of the premises that will serve as your company's address. You won't have to ask for it, since this approval number must appear on the contract, and has done so since a ministerial ruling on July 31, 2012.

What is a certificate of domiciliation? 

The certificate of domiciliation is a document indicating the address of your company's registered office. It proves that you are entitled to domicile your company at the address you specify. It has evidential value, i.e. it can be proven by written documents. 

This is essential to prove that you have domiciled your company's registered office at an address that you actually control.

To be valid, it need not be authenticated by a bailiff or drawn up before a notary. It need only be written and signed by the company's legal representative. 

The attestation de domiciliation has nothing to do with any domiciliation contract signed with a domiciliation company. Any company can draw up an attestation of domiciliation, whereas only companies contracting with a domiciliation company will benefit from a domiciliation contract. 

What is the purpose of a certificate of domiciliation? 

Your company's certificate of domiciliation is proof that you have the right to use the premises at your registered office address. It is one of the documents required for your company's incorporation. 

When the legal representative is a tenant, the certificate of domiciliation must be drawn up by the owner of the property, who expressly authorizes the company's legal representative to domicile the company in his or her home. 

What information must be included on the certificate of domiciliation? 

Six items of information must appear on the certificate of domiciliation: 

• Company name,
• The exact address of the registered office, as shown in the articles of association,
• Surname, first name and address of legal representative,
• SIREN number, 
• The date of writing, 
• The signature of the legal representative.

The certificate of domiciliation must then be sent to the company 's CFE ( Centre de formalité des entreprises ), together with proof of address less than three months old, and the complete application for registration with the clerk of the judicial court. 

In the case of a change of registered office address, this will be the complete application for a change of address. 

If you have chosen to domicile your company at the address of your principal residence, you will still need to enter one of the following two indications: 

• "To set up the company's registered office at its domicile for an indefinite period of time, notwithstanding any legislative provision or contractual stipulation to the contrary relating to the occupation of its premises", 
• "Recourse to the provisions of paragraph 2 of article L 123-11-1 of the French Commercial Code, and provisionally set up the company's registered office at its domicile for a period not exceeding 5 years from the date of its creation, nor exceeding the legal, contractual or judicial term relating to the occupation of the premises".

This choice reminds you of the lack of permanence of domiciliation in your own home when you are only a tenant in your principal residence. 

Conclusion

There are many ways to domicile your company, whether at home, in a business incubator, on commercial premises or at the address of a domiciliation company. However, in any of these cases, you will need a certificate of domiciliation to complete the business start-up or change-of-address file you need to submit to your CFE. 

This certificate of domicile must include certain information, and must be accompanied by proof of address less than three months old.

The certificate of domiciliation is an essential document that must be drawn up by the company's legal representative.

Good to know : Company domiciliation with Sedomicilier.fr

Sedomicilier.fr offers a practical and efficient solution for business domiciliation, enabling entrepreneurs to benefit from a prestigious address without the constraints of a traditional commercial lease. This platform makes it easy to obtain a registered office address, which is essential for a company's credibility, and offers complementary services such as mail management, a telephone answering service, and the rental of equipped meeting rooms. Thanks to Sedomicilier.fr, administrative procedures are simplified, as everything can be managed online. This time-saving flexibility allows entrepreneurs to concentrate on developing their business, while benefiting from reliable, personalized administrative support.