Domiciliation of a SARL at home: Practical advice

The domiciliation of a SARL is a legal obligation that requires every company to have an administrative and legal address. For this company, it is the domiciliation that indicates its registered office, and it is the address in question that appears on all official documents relating to the company. It is therefore possible to domicile your company at the address of the manager or a representative. How do I go about this?
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Checking the possibilities of domiciling a SARL at home

It's true that domiciliation of an SARL company is an inexpensive or even free solution, but there are a few points to check before applying for it. Because every company must have its own registered office, you need to respect the conditions of domiciliation to obtain the legal rights and obligations of your company.

Find out about the formalities for domiciling a SARL at home

Entrepreneurs wishing to domicile their business in their own home must be registered with the Registre du Commerce et des Sociétés. A domiciliation contract is also required for a change of registered office. Proof of identity of the manager or a representative is also required. If the home of the manager or the entrepreneur is chosen for the domiciliation, proof of this address must also be provided. If the business is to be rented, the landlord's authorization is essential. These documents must then be filed with the clerk of the commercial court .

Check the lease contract

Before submitting a domiciliation contract for your home, you need to take into account the lease contract and co-ownership regulations if you are a tenant. In some cases, the lessor or condominium manager prohibits the exercise of a professional activity on the property. In other cases, your rent will be affected if you decide to carry out your professional activity in your home. If the condominium by-laws stipulate simple personal use, you can just use the address for domiciliation and use other premises for activities.

 

Sufficient space for the business premises at home

Are you constrained by the lack of space in your home? This may make it impossible to domicile your company in this location, especially if you need to set up your premises there. For entrepreneurs wishing to work from home, it's essential to have space to welcome customers, suppliers, visitors and employees. However, it should be stressed that thedomiciliation address and the company premises do not have to be the same.

Registering your SALR at home: membership conditions

Because registering an SARL is an administrative process, you'll first need to provide a few documents. After that, the documents must be filed with the clerk of the commercial court. There are several points to consider when choosing to domicile a company in your own home. This is why professional advice is always beneficial. There are still a number of conditions to be met before the company can obtain a legal right to its registered office.

A home as business premises

The number of companies opting for domiciliation is still limited, due to the constraints involved. Admittedly, this offers a number of advantages, but the limitations must also be taken into account. Let's remember once again that a company's business activity must not take place in its registered office if the latter is a building for personal use. This applies whether you're an auto-entrepreneur with a micro-business or a large corporation. The management of a business and that of the manager's personal affairs must not be confused.

However, in order to reduce the cost of renting premises, some entrepreneurs proceed in this way. In this case, they have to receive their customers in the home of the manager or a representative or partner. This is not a recommended practice, especially if the premises are commercial or if the business requires more privacy. In fact, this is one of the mistakes to avoid when choosing a company domicile. This would jeopardize staff and stock management, as well as the quality of services offered by companies opting for this solution. What's more, the owner of the business premises may impose penalties.

A personal address that becomes a business address

In addition, once the manager or entrepreneur has chosen an address for the administrative formalities of his business, he needs to be prepared for the implications. If they don't own their own home, their landlord will have to authorize their domiciliation. After this, the manager must be prepared for his address to be visible on all the company's administrative documents, including business cards, invoices, the Kbis, the ink stamp, etc. If the landlord agrees to issue a domiciliation authorization, this may have an impact on the rent or the regulations governing the management of the accommodation.

It is essential to know that for SARL companies, the registered office must not be used as a place to house premises, stock or staff if it is a personal address. Services must not be provided there, and customers must not be received there. No professional activity may be carried out on the premises, whatever the nature of the activity. This applies even to start-ups and micro-businesses.

 

Using a commercial domiciliation service

For every company, it's imperative to have a registered office, whatever the nature of the business. But it doesn't always have to be at the address of the manager or the company itself. This is where commercial domiciliation comes in. This is used by a company that rents an address for its registered office. Once again, a number of conditions must be met to benefit from the advantages of this concept.

A number of specialist companies specialize in renting head offices for other companies. Whether in Paris, throughout France or in other countries, this solution offers many advantages. It is most commonly used just after a company has been set up. Afterwards, the company can always transfer or domicile its head office at another address.

Written by our expert Eravou
December 11, 2023
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