How to declare a business creation? - The Parisian

Economy,Legal announcements

Compulsory passage in the creation of a business, the completion of administrative formalities is often feared by entrepreneurs. However, you can complete your incorporation procedures very quickly, at your business formalities center (CFE) or even from home, on the electronic one-stop shop!

0ByJuly 7, 2021 at 5:35 p.m.

Publish a legal announcement

Once the articles of association have been drawn up and the contributions released, at least partially, the entrepreneur must publish a notice of incorporation in a journal of legal announcements (JAL) authorized in the department where the company headquarters. Since January 1, 2020, the online publication of the business creation notice is also available, on a medium authorized to publish legal announcements (SHAL).

This publication is optional for the self-employed person owning a sole proprietorship, while it is mandatory for companies. The legal announcement of business creation has a flat rate fixed according to the legal form of the business and its geographical location. Thus, on January 1, 2021, the price excluding tax of a legal announcement of the creation of an SARL is €147 (and €176 in Mayotte and Reunion) while it is €197 for the SAS (and €236 € in Mayotte and Reunion).

The publication of a legal announcement of the creation of a business guarantees publicity to third parties. The latter must be able to find out about the major events in the life of the company. By informing third parties, the legal announcement of the creation of a business ensures the opposability of the acts carried out by the company. This is the reason why the application for registration of the company will be systematically rejected if the entrepreneur does not have a certificate of publication. This document must be kept in order to prove that a legal announcement of the creation of a business has been published.

Identify your CFE

The Business Formalities Center allows entrepreneurs to carry out all the formalities relating to the creation, operation and dissolution-liquidation of their company in one place. He formally checks the documents given to him by the contractor and sends the declarations and supporting documents to the recipient organisations. Consequently, it is to the competent CFE that you will undoubtedly contact to declare the start of activity of your company following its creation. This declaration of activity must generally be made before the actual start of the company's activity.

To determine the Business Formalities Center to which you should turn, as an entrepreneur, two criteria must be taken into account: the activity and the geographical location of the company. The nature of the company's activity defines the competent CFE network:

Self-entrepreneurs and companies exercising a commercial activity (SARL, EURL, SAS, SASU, SNC, SA) contact the Chambers of Commerce and Industry (CCI);

Self-entrepreneurs and companies carrying out a craft activity depend on the Chambers of Trades and Crafts (CMA);

Civil companies, such as SCIs, have recourse directly to the registry of the Commercial Court.

You must carry out your formalities with the territorially competent CFE. The registered office or one of the company's establishments must be located within the geographical jurisdiction of the Business Formalities Centre.

Since April 1, 2021, you can, for even greater simplicity, complete your business creation procedures with the electronic one-stop shop. This platform is intended for any type of business, regardless of its activity and legal form.

Request the registration of the company

With your certificate of publication of the legal announcement of the creation of a company, if you exercise a commercial activity, you can now request registration at the Trade and Companies Register (RCS)!

To this end, contact your CFE, electronic counter or directly at the registry of the Commercial Court. The registration file notably includes an M0 form specific to the corporate form of your company. Additionally, you may be asked for the articles of association of the company, the certificate of publication of the legal announcement of the creation of the company or the proof of the company's registered office. It will be necessary to attach a check to pay the registration fees of the company.

Artisans will have to register in the directory of trades (RM), managed by the chambers of trades and crafts.

Auto-entrepreneurs make a declaration of the start of commercial and/or craft activity. The registration of the sole proprietorship in the Register of Commerce and Companies or in the Directory of Trades (depending on the activity of the entrepreneur) involves submitting a P0 form declaring the start of activity of the sole proprietorship.

Be very attentive to the elements of the file necessary for your type of business in order to avoid it being rejected by the registry. You will receive a receipt acknowledging receipt of the business creation file.

Registration completes the procedure for setting up the company. The K-bis extract (K extract for individual companies) which will be given to you, valid for 3 months, is the legal proof of the existence of the company and will be required for any commercial or administrative procedure. Registration in the directory of trades (RM) allows you to receive a D1 extract, equivalent to the K-bis extract for craftsmen.

The declaration of the company will also allow you to obtain your identifiers assigned by INSEE: the Siren number (Identification system of the Directory of Companies), Siret (identification system of the directory of establishments) and the APE code (Principal Activity of the Company). Finally, the company will be assigned an intra-community VAT number.

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