Prior to registering your company at the Register of Commerce and Companies, it is necessary to accomplish some formalities. Supporting documents will be requested in order to complete your registration file.

Preliminary procedures before registering at the Register of Commerce and Companies

Exercising a regulated activity :

If your company exercises a regulated activity (sale of alcoholic beverages, optician, transportation of goods and passengers, etc.), check that you fulfill the conditions required for this activity (diploma, personal qualifications, etc.) in order to obtain the agreement, or the necessary authorisation to be registered with the RCS.
Pour obtenir des renseignements, adressez-vous :

• the professional organizations and associations
• the services of the Préfecture de Paris
• the administrative supervisory authorities (e.g. for transportation, you should refer to DREIF - Direction Régionale de l’Equipement d’Ile de France)

Domiciliation : your official business address

Proof will be required by the Registry of the Commercial Court of the established occupancy of the company’s head office (e.g. copy of the commercial lease, the contract with a domiciliation company, recent electric bill (EDF) or telephone receipts, etc.)

At the time of its formation, a company is authorized to locate its registered office at the domicile of its legal representative and to conduct business there for an unlimited period of time barring any legislative provisions or contractual stipulations to the contrary. When the company is subject to such legislative provisions or contractual stipulations, its registered office may be located at its legal representative’s domicile for a period which shall nor exceed five years from the date of its registration nor shall it exceed the legal, contractual or judicial term of occupation of the premises.

To domicile your company, you may also contact a domiciliation company or a “pépinière d’entreprise”.

Adoption of the formation agreement

Drafting the grouping’s formation agreement is an essential and very important step in the creation of your company. It can have legal and fiscal consequences on the company and it can influence the social status of the company’s manager. To proceed to the adoption of the memorandum and articles of association, you should accomplish the following steps :

• Draw up the formation agreement
• Proceed to the appointment of the director, the management supervisor and the account supervisor. They can either be appointed in the memorandum and articles of association or in a distinct act.
• The formation agreement must be registered, with the tax collector’s office of the grouping’s head office, prior to the application for registration with the RCS.

CFE
££Le dossier de constitution dans son intégralité doit être déposé au Greffe qui est Centre de Formalités des Entreprises les groupements d’intérêt économique. Dans sa fonction de CFE, le Greffe est chargé de transmettre les déclarations obligatoires des personnes morales ou physiques auprès des organismes destinataires de cette information (URSSAF, INSEE, centre des impôts, caisses d'assurance maladie ou caisse de retraite ...).

N.B: En cas d’achat ou de prise en location gérance d’un fonds de commerce, il convient de procéder à une publication relative à cet achat ou à cette prise en location gérance.

Further steps to be taken
Make sure that the name of the company is clearly indicated on your mailbox, or you will not receive the certificate of incorporation (“Kbis” extract) that will be sent by the Registry.
In order to comply with the regulations, you must buy the company books (minute books, etc.) and get them stamped and signed by the Registry.

Documents to include in your file for your registration at the Register of Commerce and Companies

Acts and documents to produce in appendix to the RCS

Two certified true copies of the grouping contract if it the document is notarised, orTwo original copies of the contract stamped and registered by the tax collector’s office, dated and signed by all members personally or via An original proxy, if the document is unattested. The proxies for the signature of the contract shall be deposited inTwo original copies.
Two copies, certified true by the legal representative, of the company’s acts of nomination of the administration and supervision bodies, if the director, the management supervisor and the account supervisor have not been appointed in the formation agreement.
Two certified true copies of the act conferring the quality of permanent representative of a firm that has been appointed as a director.

Written proofs to enclose with your file

a completed G0 application form
Three copies shall be deposited at the Registry, which is the Business Formalities Centre for economic interest groups.

N.B : It shall particularly be mentioned in the G0 application form, the existence or not of an exemption clause for the debts of the company contracted before the entrance of the members in the group and the non-trading or commercial nature of the activity.

An original proxy from the director if he has not personally signed the G0 application form

Proof of the regular occupancy of the company’s head office (e.g.: a copy of the commercial lease, a contract with the domiciliation company, a recent electric bill (EDF) or telephone receipts, etc.)
It is very important for your company to clearly identify your company’s address in order to allow the Registry to mail the certificate of incorporation (Kbis extracts) to you when there is a formality or for your partners to contact you.
If your company’s head office is domiciled at your legal representative’s home address, it is important to verify that the name of your company is clearly indicated on your mail box and to accomplish the necessary formalities with the post office for the follow-up of your company’s mail.

If the declared activity is regulated, then send a copy of the authorisation delivered by the administrative supervisory authorities, a copy of the diploma or title.

For the management supervisor (this must be a natural person), the account supervisor (natural person), the members (natural persons) :

For the members who are married, send an extract of your marriage license.

For the persons of French citizenship : a copy of your national identity card, or your passport, or an extract of your birth certificate.

For the persons of foreign citizenship, send a copy (both sides) of your residency permit in force or a copy of your passport if you do not live in France or any official document proving your identity

A sworn statement indicating that you have no criminal record , dated and signed by the person concerned. This statement will later be checked by the judge responsible for overseeing the register with the criminal record service.

A certificate indicating the names and first names of the parents, except if this information appears in a relevant document already produced.

Pour les administrateurs personnes physiques

pour les membres mariés, produire un extrait d’acte de mariage

pour les personnes de nationalité française : une <<<<<<< .mine copie de la carte nationale d’identité, ou du passeport, ou un extrait d'acte de naissance

pour les personnes de nationalité étrangère, produire une copie recto verso du titre de séjour en cours de validité ou une copie de leur passeport si elles résident à l’étranger ou tout document officiel établissant l’identité de la personne

For the directors (legal entities), the members (legal entities), the account supervisor (legal entity) :

An original extract of the register of Commerce and Companies produced within the last three months, if the entity has been registered, or any official document proving the legal existence of the entity if it has not been registered yet at the register of commerce and companies.

For the permanent representative, produce the same supporting documents as for the directors (natural persons), as well asTwo certified true copies of the act conferring him his quality of permanent representative

For the auditors (if one has been appointed yet)

Proof of their registration on the official auditors’ list if it has not yet been published
The acceptance letter of their designation

Observations :
At the registration of the grouping, the account supervision may also be given to an auditor.

In this specific case, the documents to produce for the auditor are the followings : a proof of his registration on the official auditors’ list if it has not yet been published and an acceptance letter of his designation.

Fees

- Include a cheque with your file for€
- Include a cheque with your file for
- The cheques shall be made out to : Greffe du Tribunal de Paris and enclosed with your application.

Greffe’s fees : postage included for sending the extracts
INPI : Institut National de la Propriété Industrielle (National Institute for Industrial Property)
BODACC : Bulletin Officiel des Annonces Civiles et Commerciales (Official Bulletin of Civil and Commercial Notices)