The registered office address of your SARL (Société à Responsabilité Limitée) is a key factor in attracting new customers, and contributing to the growth of your market share. It can be changed throughout the life of your company.
This is an important choice for improving the company's image to all its stakeholders, as well as its operational performance. Strict adherence to the procedure is essential to ensure that no time is wasted, and that the transition runs smoothly.
More specifically, the address of the registered office determines its nationality and country of taxation, as well as the competent authorities in the event of a dispute.
Let's take a look at all the steps you need to take to change the address of your SARL registered office!
Your choice of address is crucial to the future of your business. You have three options:
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Domicile your company in your own home. This raises a number of fundamental privacy issues. Attractive in appearance, you'll be obliged to display your home address on all your official documents, as well as on the web.
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Renting commercial premises. This solution is particularly costly, and requires you to pay a monthly rent. You'll also need to provide security and guarantees before signing a lease.
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Use a domiciliation company. This allows you to separate the address of your head office from your actual place of business. You can choose your official address from a wide range of prestigious addresses in the best arrondissements of Paris and other major French cities! Domiciliation companies also offer a wide range of essential services to make life easier for entrepreneurs: daily mail management, switchboard, meeting room rental, administrative and legal assistance, etc.
The first step is toformalizeyour wish to change the address of your registered office.
To do this, you need a majority of partners at an Extraordinary General Meeting, in accordance with the conditions set out in your Articles of Association. Transferring the registered office abroad requires the unanimous agreement of all associates. This is why you need to draw up minutes confirming your decision, and formalizing the common will of all associates to take this step.
To change the address of your registered office, you need to amend your articles of association. It is therefore necessary to update them, or to draw up an amendment. This is a particularly technical step, and often requires the intervention of a professional to ensure that you don't make any mistakes when it comes to complying with the law.
Next, it is essential to publish a legal notice in an approved newspaper.
A single publication is sufficient if the new registered office is located in the same département as the previous one.
Otherwise, you'll need to publish two advertisements: one in a newspaper in the département you're leaving, and another in your département of destination.
Once these steps have been completed, it's time to file your application with the Greffe du Tribunal de Commerce. This must include :
- CERFA M2 form for changing a company's registered office
- A copy of the deed evidencing the partners' decision to change the registered office.
- Three copies of the new Articles of Association, signed and certified as true copies
- A certificate of legal publication issued by the relevant newspaper
- A list of former registered offices, only if the registered office is transferred to the jurisdiction of another commercial court.
- Proof of occupancy of the new head office premises
- Regulations governing court fees
Relocating your head office means anticipating a few unavoidable costs.
Clerk's fees andinsertion in the Bodacc are regulated by law:
- If the registered office is transferred to a geographical area subject to the jurisdiction of the same commercial court, the applicable fees are €195.38 including VAT.
- If the registered office is transferred to a geographical area subject to the jurisdiction of another commercial court, the applicable fees are €242.16 including VAT.
The cost of publishing a legal announcement is usually between €100 and €150.
Transferring the registered office of your SARL is not a step without consequences. In fact, it's particularly important to have the right support in order to carry out the formalities in the best possible conditions. That way, you can save yourself a lot of trouble (and delays).
Thanks to SeDomicilier, you can obtain a certificate of domiciliation in less than 5 minutes, in a 100% online process.
All your services are then available in a personalized, secure virtual office. You can also benefit from dedicated administrative and legal assistance to help you with all the official formalities involved in changing your registered office address.
Business domiciliation allows you to focus on the missions with the highest added value: those that drive the growth and success of your project!
Written by our expert Paul LASBARRERES-CANDAU
April 3, 2020
