Moving the registered office of a SASU is a significant undertaking.
This involves changing your business address, which is a key part of how your business operates.
In particular, it determines its identity, its country of taxation, and the competent jurisdictions in the event of disputes.
Just as a person can move, a company's registered office can be moved.
In the case of a SASU (single-member simplified joint-stock company), the commercial code doesn't impose any specific rules for deciding on its transfer.
However, an amendment to the articles of association is necessary.
This legal status is particularly suitable for many types of entrepreneurs and commercial, agricultural or craft activities, for example.
The sole shareholder has considerable freedom to define the operating rules for their business.
It's a status known for its flexibility and ability to adapt to many professions.
Changing the registered address of a SASU requires a very specific procedure: after formalizing the transfer decision, several steps are essential to comply with the law.
All these steps also involve financial costs for the companies concerned, which should not be neglected under any circumstances.
Before settling registry fees, the first step is to update the company's articles of association, especially the clause regarding the domiciliation address.
Registry fees for transferring a company's registered office in a SASU (single-member simplified joint-stock company) are generally around €80 if the new registered office is located in the same department.
Otherwise, it will cost around €100 if the new registered address is in another department.
The procedure to follow and the transfer methods are set out in the company's articles of association, and the power of decision is given to the sole partner.
This is an approximate average, depending on certain additional formalities that may be required depending on the region or sector of activity of the company.
Regardless of where the registered office is moved to, publishing an announcement in an official gazette is mandatory for all single-member simplified joint-stock companies (SASU).
If the registered office is moved within the same department, you only need to publish one announcement.
If it's a different department, you'll need to publish an announcement in the official journal of both the original and the new department.
The transfer notice must include a series of mandatory legal information such as:
- The address of the new headquarters
- The mention of the transfer must be explicitly written
- Mention of the Trade and Companies Register and the city where the registry is located where the company is registered.
If a change of registry is needed, you'll need to add certain things, such as:
- Mention of the Trade and Companies Register of the city of origin and the city of destination
- The identity and address of each person authorized to commit the company to third parties
The cost of legal announcements isn't the same across all French regions.
Set by ministerial decree, expect to pay between €130 and €170 per publication.
In addition to these costs, there's the listing in the BODACC, which costs on average €130 if the change takes place in the same département, and €160 otherwise.
You can delegate the process of transferring your company's registered address to a third-party organization.
In this case, additional fees will be added to compensate for the service provided.
Drafting of deeds is the formality most commonly requested by business owners operating as a SASU
The fees charged by accounting firms, lawyers, or even legal specialists vary depending on the number of documents required or the complexity of the clauses to be drafted.
They'll take care of gathering all the necessary documents to make the transition to your new registered office:
- Minutes documenting the decision to transfer the registered office
- CERFA M2 form
- Updated articles of association
- Legal notice(s)
Depending on your sector of activity, additional documents may be requested by the administration.
Choosing the best registered address is a critical issue for companies.
As a key part of your business card, it helps to project a positive image of your company, building trust with your clients, suppliers, and prospects.
Keeping the costs of a change of registered office for a SASU under control is a question that should not be neglected under any circumstances.
Written by our expert Paul LASBARRERES-CANDAU
September 10, 2018
