Domiciliation is an essential step in the process of creating a business.
If the choice of the head office meets the principle of freedom, there are all the same some essential rules to respect depending on the chosen location.
We will show you the steps and formalities to follow depending on whether you want to domiciliate your business at home, with your parents or abroad.
How to domiciliate your business step by step?
You should note that the procedure for the domiciliation of your company may vary depending on the domiciliation option chosen. However, it is usually done upstream of the creation process and involves simple formalities.
The process is done with the clerk of the commercial activities court to which you apply for registration with the RCS. You will have to provide information on your company being created, your identity documents, as well as proof of address of the chosen head office.
How to domicile a business at home?
Domiciling your business at home is a simple and economical solution but which has its constraints. For it to be effective, it is above all necessary that the residential premises chosen for the domiciliation be the residence of an executive of the company. You must therefore be the legal representative of the company, whether it is an SARL, SAS or SA …
In addition, there must be no legal provision or clause in the lease contract that prevents your domicile / residence from being used as the registered office of your company. If you are a tenant or in co-ownership, you are required to inform the owner or the syndicate of the domicile of the company at your home before applying for registration with the RCS.
How to domicile your business with your parents?
To establish the registered office of your company with your parents, you must imperatively prove that their domicile constitutes your main residence. An accommodation certificate drawn up by your parents will therefore be added to the list of documents to be provided to the competent commercial court.
You must also have a domiciliation certificate from your parents or that of their lessor, if they are rented. Finally, there must be no legal or contractual opposition to your parents’ domicile being used for domiciling a business.
Note that in the event of opposition, legal or contractual, the domiciliation established will be temporary. It cannot exceed 5 years from the date of registration with the RCS.
How to domicile your business abroad?
Finally, for various reasons, you can choose to have your business domiciled outside France. Whether in a country within Europe or in the rest of the world, domiciliation involves procedures that may vary depending on whether your business is already created or not.
If your business already exists, you must first dissolve it in France with a clerk of the competent commercial court.
You must then start the procedures for the creation of a new company in the foreign country. This implies completing all the legal procedures for the creation and registration of current companies in the country where you wish to set up your company.