Are you starting your own business in the commercial sector? If so, you'll need to register your company - an essential step before you can get started! Registering a company in France is compulsory.
The registration number is obtained by registering with the Registre du Commerce et des Sociétés at the Greffe du Tribunal de Commerce in the department where the company is located.
This registration is illustrated by the SIREN number issued by INSEE, as well as by the Kbis extract.
The latter is a prerequisite for obtaining most of the rights and obligations of the businesses concerned, i.e. sole proprietorships and commercial companies, which will enable them to carry out their activities.
A detailed look at the 5 steps to registering a company!
Choosing the right legal status for your project is crucial. The choice of legal status affects a number of aspects, such as the structure's development, its financing, the division and separation of powers, and the legal liability of the company's director(s).
The multiplicity of legal forms can even be a real headache for a neophyte.
To simplify matters, let's start by saying that there are two main families of legal forms, regardless of the nature of your business:
Sole proprietorships : within this first family reserved for solo entrepreneurs, there are 4 sub-categories.
- EI or Sole Proprietorship
- The micro-entrepreneur
- EURL or Entreprise Unipersonnelle à Responsabilité Limitée (one-man limited liability company)
- SASU or Société par Actions Simplifiée Unipersonnelle (simplified one-person company)
Companies: if your project involves several people, here again the possibilities are many.
- SARL or Limited Liability Company
- SAS or Simplified Joint Stock Company
- SA or Société Anonyme
- The SNC or Société en Nom Collectif (partnership)
Other...
To make the best choice among all these possibilities, you will need to consider not only the nature of your project but also your personal situation.
That's why it's so important to take the time to determine your project, your needs and your expectations beforehand.
Once you've decided on your company's legal form, it' s essential to choose where to domicile it.
This is an important step, as your company's registered address will determine the administrative and tax address to which all your official mail and documents will be sent.
Above all, this address will determine your registered office and must appear on all official company documents.
In addition to this practical and legal role, the address of a company's head office plays a strategic role since it appears as the company's "shop window". It must therefore reflect a positive image of your company in order to attract potential customers.
But where to domicile your business?
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Domiciliation at home: it's easy to settle for a domiciliation at home, because it's the easy solution, saving time and money. Unfortunately, this also means bad publicity for your company, the risk of your professional life invading your personal life, and a lack of flexibility when it comes to the location of your registered office.
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Commercial premises: obtaining your own commercial premises may seem ideal, but it's not very flexible and, above all, it's very expensive.
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Pépinière d'entreprises: the chance to rub shoulders with other dynamic entrepreneurs on a daily basis is a plus. Unfortunately, here again, the choice of address is limited, and business incubators are based more on the short term than the long term.
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The domiciliation company: the domiciliation company offers a good compromise between all the above solutions. Low cost, proximity to professionals, while offering a wide range of domiciliation addresses to suit your needs. It should also be noted that these companies often offer significant additional services (post office box, secretarial service, telephone line, office rental, meeting room rental...). It's a solution which, if you take the time to look into it, offers many benefits.
The third step is to draw up your company's articles of association.
These must include a certain amount of specific information:
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Company name
- Names of partners if present
- Amount of company capital
- Year-end closing date
- Activity of the company to be registered
- Head office address
It is then important to deposit the company's share capital in an escrow account.
This operation must be carried out by a person acting on behalf of the company and in possession of the funds from the cash contributions.
The amount of money you need to deposit depends on the legal form you have chosen for your company.
The sum is deposited in a blocked account in a bank or with a notary, who will then issue a document certifying the capital deposit.
Finally, the registration file must be submitted to the registry and must include the following documents:
- M0 form
- An original copy of the initialled, dated and signed articles of association
- A copy of the JAL or legal gazette in which the notice of incorporation was published, or a copy of the dated certificate of publication.
- The deed of appointment of the company manager
- A certificate of deposit of funds from the bank into a blocked account
- And finally, a document certifying the company's registered address.
In conclusion, it is essential to carry out the various stages of company registration with care
This will avoid wasting time by having your application rejected because of a missing document. You should also take into account the possibility of being assisted by formalists who are experts in company registration.
Written by our expert Quentin Moyon
April 10, 2018
