Definition of a registered office
A company's registered office is its fiscal and administrative address, in the same way as a physical person's official address. It is the point of contact between the legal entity that is the company and the authorities, as well as the rest of the world.
In fact, the head office is also the company's shop window, and is therefore of undoubted strategic interest. It's the address that appears on all official documents relating to the company: quotes, invoices, business cards and so on. What's more, it's the address that also appears online, on the company's website and social networking profiles, as well as in company directories.
The registered office is an integral part of the company's identification, as is its name. It is mandatory for setting up and registering a company. You will be asked for it when you apply online at the "guichet des entreprises".
The choice of location for a company's head office is therefore very important, and must be made with care in order toopt for the right form of domiciliation best suited to your company's needs.
Registered office: the law of the place of domicile
Having a registered office brings your company under the jurisdiction of a court. In other words, the law of the place where the company is domiciled will apply to any disputes it may have to deal with.
A company based in Carcassonne, for example, will be governed by French law, as applied by the local court. A company based in Mulhouse will benefit not only from French law, but also from local Alsatian-Moselle law.
By extension, companies based in France benefit from the protections guaranteed by the European Court of Human Rights, which considers thata registered office is akin to a home.
Document seizures must meet three criteria:
- Be provided for by law,
- Pursue a legitimate goal,
- Being necessary in a democratic society.
As a result, the head office provides legal protection for the company, including compliance with legal proceedings. This rules out the application of discretionary powers by authorities such as the DGCCRF.
In addition, it is the country address of the registered office that determines the tax regime, laws and taxes and the Cotisation Foncière des Entreprises charged to the new company, for the entire life of the business (except in the case of a registered office transfer).
Be aware of the laws in force in the country and city where you choose to set up your company headquarters.
Head office: what obligations do companies have?
The registered office has certain obligations. It must appear on all deeds and documents produced by the company:
-
Kbis,
- letters,
- contracts,
- bills,
- company website and online social profiles.
💡 The head office address is therefore an integral part of the company's identity. It also follows the life of the company, since it must be modified in the event of a change of address.
There are therefore two situations in which you need to declare your registered office to the authorities:
- the choice of address when setting up the company,
- transfer of registered office (i.e. change of address) during the life of the company.
In both cases, proof of address less than three months old is required if the registered office address is the director's home address.
If the address is that of commercial or business premises, proof of use must be provided.
In the case of a head office transfer, a specific procedure must be followed:
- extraordinary general meeting,
- modification of the articles of association,
- online request to the relevant departments,
-
publication of a notice in a legal gazette (JAL).
⚠️ As the procedure for transferring a registered office is long and costly, it's best to choose the right address for the registered office as soon as the company is set up.
Where to locate your company's head office?
There are four main ways to domicile a company's headquarters:
- company domiciliation at the manager's personal home ,
- renting commercial premises as a head office and workplace,
- domiciliation within a collective: business incubator, coworking space,
-
commercial domiciliation via a domiciliation company.
1. Domicile your business at home
To facilitate entrepreneurship, the legislator decided in 2003 to allow entrepreneurs to domicile their business in their own home. This works for homeowners and tenants alike.
However, some restrictions may apply:
- by the lease,
- by the condominium by-laws,
- by your local regulations.
In any case, if you are a tenant, you must send a registered letter with acknowledgement of receipt to the landlord, informing him that you wish to domicile your business at the address of the property he rents to you.
Let's take a look at the advantages and disadvantages ofhaving your company headquarters at home.
The main advantage is not very difficult to determine: domiciling your business directly in your own home allows you to work from home, and is therefore of considerable practical interest.
What's more, domiciliation at the manager's home is entirely free of charge.
The disadvantages are primarily practical. Indeed, the main risk of having your company domiciled at home lies in the certain encroachment of your professional life on your personal life.
If this is not managed properly, it can have real negative consequences for both the company and family life.
Secondly, domiciling your business at home poses a real problem in terms of the credibility of your business : welcoming customers into your home doesn't seem to be the ideal way to give your business a professional image.
Last but not least, setting up a registered office can be complex, especially if if you are a tenant and your landlords object to the use of your home as a registered office.
2. Domiciliation at the address of the business premises
This solution has both major advantages and disadvantages. It is suitable for certain types of business, such as retail outlets, or other activities requiring a workplace.
Opting to buy or rent a business premises not only gives you an address for your head office, but also a place dedicated solely to your business, and to receiving customers where appropriate.
Such an advantage enhances the credibility and legitimacy of your organization, making it more attractive to potential customers, investors and partners.
This option also allows you to separate your private life from your professional life, since the commercial premises centralize all your company's life and activity and remain its sole point of contact, keeping your personal address totally separate and dissociated from the head office.
However, domiciling your company on business premises can also have a number of disadvantages, not least of which is the financial aspect.
In fact, renting, and especially buying, commercial premises entails considerable costs (rent, deposit, guarantees, etc.), which you need to be able to cover from the outset. What's more, some prestigious addresses will be very expensive, or even inaccessible if your budget is limited.
Rent for commercial premises is still one of the biggest fixed costs for your business, so it makes sense to take one if the premises are also used for working or receiving customers and partners, and not just as a head office.
The more prestigious the address or the larger the city, the higher the costs.
There's a second disadvantage to bear in mind: in the event of a business move, change of premises due to lack of space, or relocation, the company will have to transfer its head office.
This procedure can be very costly and involves a lot of red tape.
3. Locate your company in a collective
Both incubators and coworking spaces are places dedicated to startups and freelancers looking for sharing, support and a place to work. These establishments often offer a domiciliation service.
As well as advising entrepreneurs on setting up their company, with training in standards, accounting rules and management, business incubators can help them choose the right address for their head office.
The only drawback is that a business incubator can only offer domiciliation for six months. This is not by chance, as incubators are not generally authorized by the prefecture to offer this kind of service.
As a result, you will soon have to transfer the company's registered office and incur the costs of doing so. transfer costsForesee this expense, which could hinder the development of your business.
4. Register your business with a domiciliation company
This solution is by far the most durable, the most flexible, and the one that allows you to fully protect your privacy.
In fact, it's a real compromise between domiciling your business at home or in dedicated business premises:
- the entrepreneur has total freedom to choose his or her registered office address, without having to pay exorbitant rent,
- the address is different from his home address,
- the contract is open-ended,
- at very affordable rates.
In fact, a domiciliation company can offer you a prestigious address for your head office, on the Avenue des Champs Elysées for example, which will give your company a luxurious and professional image.
What's more, this address will be different from the entrepreneur's own address, enabling him or her to keep business and private life completely separate. The business owner's personal address will never be mentioned anywhere.
In addition, a domiciliation contract has no time limit, so you can keep your company domiciled wherever you like for as long as you like.
Last but not least, a domiciliation company can offer you additional, tailor-made services to facilitate the day-to-day running of your business.
Company domiciliation: tailor-made services
For example, at SeDomicilier, we offer many additional services tailored to your needs and your company's budget:
- company start-ups and relocations,
- mail digitization,
- mail forwarding,
- telephone,
- telephone permanence,
- office rental,
- rental of premises and meeting rooms,
- legal and accounting assistance.
It's possible to have a space reserved for your professional activity by booking meeting rooms with a warm atmosphere, allowing you to welcome your customers in the best possible way while demonstrating your professionalism , and at a much lower cost than renting or buying commercial premises.
With all these services and a prestigious address of your choice for your company's head office, by opting for commercial domiciliation, you're sure to get off on the right foot and get your business off to the best possible start.
Once you've decided to approach a domiciliation company, you'll find that there are many different domiciliation addresses to choose from.
They can be found in France's biggest cities, on the finest avenues and in the most beautiful neighborhoods and business centers.
You're then spoilt for choice, and as is often the case in such cases, you don't know what to choose. For a wise choice, you should use the following criteria:
- does the town have a good reputation (economically speaking),
- Is the town well served by train, public transport and nearby freeway?
- what is the CFE (Cotisation Foncière des Entreprises) rate?
Once you've answered these three questions, and you know roughly what image you want to project and inspire in your future customers, you're ready to choose the head office address that suits you best.
Don't wait any longer: with SeDomicilier, get your head office address and virtual management office in just 5 minutes!
