Registry of the Commercial Court: its role for companies

If you're just starting out as an entrepreneur, the first thing you need to do is get to know the clerk's office, one of your future contacts!

The clerk's office is part of the Commercial Court, and its main task is to assist judges in commercial matters.

In particular, this body is responsible for managing the administrative formalities that facilitate the work of the court, i.e. the tasks of drafting, receiving, storing, distributing or publicizing documents required for the smooth running of the commercial estates.

The clerk's office of the commercial court plays a central role in setting up a company, filing annual financial statements and transferring the registered office.

What role does it play in the creation of a company?

One of the most important steps in setting up a business is registering it with the Registre du Commerce et des Sociétés (RCS) , which is kept by the Greffe du Tribunal de Commerce.

The clerk's office is responsible for registering companies with the RCS when they are set up, but can also take care of deregistration if necessary.

To register your company, you need to submit a file containing a number of documents, including an M0 form signed by each partner.

This process also has a cost, which varies according to the legal form chosen for the company:

• For SCIregistration , the fee is €74.10.
• For SASregistration , the fee is €41.50.
• For the registration of a SARL, the fee will again be €41.50.

What is its role when filing annual financial statements?

The Greffe du Tribunal de Commerce also has a role to play in filing companies' annual accounts.

While the filing of financial statements by a company with the Registrar of Companies is a compulsory step for all companies, the purpose of this filing lies above all in their public disclosure by the Registrar.

As soon as these have been received and verified, the clerk will publish a notice in the Bulletin Officiel Des Annonces Civiles et Commerciales (BODACC ) confirming that the company's annual financial statements have been filed with the clerk's office.

Thus, both the filing and publication of these accounts tend to make them public, in line with corporate transparency rules.

These documents are therefore accessible to all interested parties, who are free to consult them.

The registrar's role is to ensure that companies comply with their accounting obligations, and to publish this information.

What is its role when transferring a head office?

Finally, the commercial court clerk's office also has a role to play in transferring a company's registered office.

In this particular case, one or two grafts may be required.

There are two possible situations:

• Transfer within the jurisdiction of the same clerk's office: In this case, a single publication in a Journal d'Annonces Légales is required within the jurisdiction of the clerk's office to which the company belongs. This procedure costs €198.64.
• The transfer takes place in another département and therefore within the jurisdiction of another registry: In this case, two publications are required. One in the original registry and one in the new registry. As a result, costs will be higher: €246.86.

In conclusion, the commercial court clerk's office is a key contact for all entrepreneurs.

It is present throughout the life of a company. But it's not the only key public player with whom entrepreneurs need to interact.

We mustn't forget that the public authorities are there to provide companies with the best possible support, but that we still need to make sure we meet all our obligations to keep up to date with regulations.