| 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 :
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 memorandum and articles of association
Drafting the memorandum and articles of association
of a company 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 memorandum and articles of association.
(Do not forget to mention the address of the bank where the funds
have been deposited).
- Proceed to the appointment of the manager.
He can either be appointed in the memorandum and articles of association
or in a distinct act.
- Register the memorandum and articles of association
of the company within one month of signing by all board members
, free of charge, with the appropriate tax collector’s office
nearest the home of one of the partners of nearest the head office
of the company. This formality is not required before
registration with the RCS.
Standard memorandum and articles of association
forms may be bought in specialized and university bookshops.
Publication of the formation of the firm
Contact a newspaper entitled to publish legal notices to announce
the creation of your company. The following information is required
: the name and legal form of company and, if applicable, the particular
legal status to which it is bound, the amount of the registered
capital and, if it is a company with variable capital, the minimal
amount it can be reduced to, the address of the head office, the
purpose of the company (briefly indicated), its duration, the amount
of contributions in cash, a brief description and an evaluation
of the contributions in kind, the name, first name and home address
of the manager, of any other person authorised to bind the company
and the RCS with which the company will be incorporated and, if
applicable, the existence of clauses concerning the agreement of
the shares assignees and the designation of the company’s
body authorised to rule on the agreement requests.
N.B. The complete registration file shall be deposited at the Registry, which is the Business formalities Centre for non-trading companies, economic interest grouping, liberal profession firms, publicly-owned French establishment with an industrial or commercial activity. Acting as a CFE, the Registry sends your company’ obligatory administrative forms to the appropriate legal and official organizations: URSSAF (social security), INSEE (French office of statistics), Centre des Impôts (tax centre), Caisses d’assurances maladie ou caisse de retraite (health insurance funds or pension funds).
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 original copies of the memorandum and articles of association
dated and signed by all partners personally or via An original proxy, on production
of a special authorisation (if the document is unattested) orTwo
certified true copies (if the document is notarised); the proxies
for the signature of the memorandum and articles of association
shall be deposited inTwo original copies.
The memorandum and articles of association shall be in a notarised
document when a real estate contribution is made.
Two copies of the act appointing the manager, if he has not been appointed
in the memorandum and articles of association, certified true by the
manager. The act appointing a legal entity as a manager shall mention
the identity of his legal representative(s).
Written proofs to enclose with your file
a completed M0
application form 
Three copies shall be deposited at the Registry, which is the Business
Formalities Centre for non-trading companies. This application form
is available online by
An original proxy 
from the manager if he has not personally signed the M0 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.
Proof of the publication of the notice announcing the creation of the company in a newspaper authorised to publish legal notices.
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 manager who is not a partner in the company :
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.
For the managers (legal entities) :
N.B : When
the identity of the legal representative does not appear on the
produced document, the following documents are required : copy of
the national identity card or of the passport or the prefectural
authorisation to exercise a commercial, craft or industrial profession
(depending on the natural person’s nationality), the original
sworn statement dated and signed, as well as the filiation’s
attestation except when the filiation appears in a document that
has already been produced.
For the partners who are not managers (natural persons)
:
For the partners 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
For the partners (legal entities) :
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 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
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.
| Distribution
of the fees requested for this formality |
Greffe’s fees
(including the deposit’s cost):€) |
TVA |
INPI |
BODACC |
| € |
€ |
€ |
0.00€ |
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)
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