How can I optimize the cost of relocating my head office?

Transfer of registered office: 2 types of operations to distinguish

Moving a registered address is a legal act by which a company changes the business address appearing in its articles of association. Before discussing the costs of the formalities involved in moving a registered address, it's important to present the different types of transfers that exist.

There are 2 types of registered address transfers. On one hand, there's a transfer within the same jurisdiction, and on the other, there's a transfer outside the jurisdiction. The formalities are different depending on the type of transfer.

Quick guide to transferring your company's registered address within the same jurisdiction

For a change of registered office within the same jurisdiction, the formalities are summarized in 3 main stages. First, a statutory modification is carried out, which is followed by a publication of the transfer of registered office. Finally, the transfer of registered office is declared.

• Statutory modification

It is done by a decision of the majority of the partners (usually taken at an extraordinary general meeting). The procedures for this decision vary depending on the company's legal status (SARL, SAS, SCI, etc.). A report is then drawn up, in which the decision is recorded.

• Publication of a legal notice

After the statutory modification, a notice of transfer of registered office is drawn up. This notice must be published within 1 month in a legal gazette of the department of the registered office.

• Declaration of transfer of registered office

It's done online via the business formalities electronic desk or on the Infogreffe website. The documents to be submitted with this declaration are as follows:

- A copy of the minutes recording the decision to transfer;

- A dated and updated copy of the company's articles of association;

- Proof of occupancy for the new premises (utility bill, property deed, domiciliation contract, etc.);

- A copy of a certificate of publication of the notice of transfer of registered office in a legal gazette.

Quick guide to transferring your company's registered address to another jurisdiction

One of the most common reasons for moving a company's registered office outside of its current jurisdiction is when the main partner moves. It might also happen to prevent the manager from breaking the Commercial Code. You see, a manager can only use their home address as the company's registered office for 5 years. After that, they have to move it somewhere else.

The formalities for transferring a registered office outside the jurisdiction are more complex. They can be summarized in 3 main points: amendment of the articles of association, publication of a transfer notice, and declaration of the transfer of registered office.

• Statutory modification

It follows the same procedure as a statutory amendment occurring as part of a transfer within the same jurisdiction. Like the latter, it depends on the company's legal status and must be recorded in a report.

• Publication of notices of transfer of registered office outside the jurisdiction

After amending the articles of association, a notice of transfer of registered office outside the jurisdiction is drawn up. This notice must be published in an authorized legal gazette. And the legal announcement must be published in 2 locations. The first must appear in the department of the old registered office (the one where the company was registered when it was created). The second publication must be made in the department of the new registered office.

• Declaration of modification

It must be done within 1 month via the online business registration portal or the Infogreffe website. In this specific case, a file is created for a modification to be made to the RCS. This file will be processed by the registry of the competent commercial court (in this case, the one for the location of the new registered office). Here are the documents to be provided for the declaration of modification:

- A copy of the minutes recording the decision to transfer;

- A dated and updated copy of the company's articles of association;

- Proof that the company actually occupies the new premises (property deed, lease agreement, etc.);

- Two completed and signed copies of form M2 (form for amending a legal entity);

- A certified copy of the list of former registered offices (to be drawn up by the legal representative);

- Proof of publication in a JAL (Journal of Legal Announcements) for each location where a transfer notice was published.

Good to know: If the legal representative didn't sign the documents themselves, you'll need to provide proof of their authorization. This proof is basically a power of attorney from the legal representative.

Some tips for optimising the cost of a registered office transfer

For any company that wants to stay competitive, optimizing costs is a must. Here’s how you can make it happen when you're transferring your company's registered office.

Statutory modification

You can do it yourself using paid templates available online. You can find them from 100 euros. But this route should only be chosen if you have basic legal knowledge. Not familiar enough with the Commercial Code? Entrust this task to an external service provider such as a domiciliation company or a legal platform. These providers are used to carrying out formalities with the registry of the commercial court. Using them will cost you money by the hour. But it will save you from making mistakes that will cost you more in the future. The budget to be planned will depend on your type of company and the legal status you chose when creating it.

Legal announcements

Legal announcements cost between 80 and 200 euros. But this isn't a fixed price. Prices vary depending on the department in which the announcement is made. The cost of the legal announcement is calculated according to a price per line decided by each district. The number of characters per line, including spaces, is 40. Once your transfer notice has been published, you'll receive a copy of the legal announcement journal by post. But these aren't the only elements to take into account. In addition to the cost of the lines and the journal, you'll need to add 20% VAT to arrive at the final price.

To keep the cost of the legal announcement down, make sure you reduce the length of your transfer notice. Try to include all the necessary information while using as few lines as possible. You can find optimized templates online that will allow you to save up to 30 or 40%.

Court fees

They range between 126.16 and 242.16 euros. If your company is a SASU or an EURL, you can benefit from a discount of 116 euros under certain conditions. Indeed, this discount is only granted to companies in which the sole partner acts as president or manager.

To save on registry fees, complete all your formalities at the same time if you have several to complete. Do you need to change the manager of an SAS and transfer the registered office, for example? Combine all the formalities. This will halve the price you would have to pay if you carried out these formalities separately.