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Simplification measures for the trade and companies register :-
Simplification of the register The decree of July 31, 2012 introduced several simplification measures concerning the formalities completed in the trade and companies register and its keeping. These measures aim to rationalize the National Register of Commerce and Companies (RNCS) managed by the National Institute of Industrial Property (INPI).
An important measure relates to the rationalization of the maintenance of the RNCS by allowing the INPI to electronically archive the documents received from the court clerks. These documents, which are no longer physical duplicates, are considered equivalent to the originals. Consequently, the obligation to keep two copies of all filings and applications for registration with the RCS becomes unnecessary since the second paper copy was intended for the INPI. This allows deletion of the second copy. In addition, individual merchants and companies now have the option of declaring the domain name of their website to the RCS.
Simplification of Procedures and Formalities:-
The decree also simplifies the procedure for ex officio deregistration of companies that have ceased their activities by removing the intervention of the judge responsible for checking the registers. The clerk of the commercial court is empowered to carry out this cancellation independently. The striking-off report can easily be requested from the clerk and the intervention of the judge is limited to cases of refusal by the clerk. The text also provides simplifications and clarifications for various formalities, such as determining the identity of the applicant for foreign companies establishing themselves in France, allowing the filing of copies instead of the originals during electronic registration .
Furthermore, the decree simplifies the procedures for transferring a company’s registered office by exempting them from producing the K bis extract. Instead, the clerk of the new head office can apply directly to the clerk of the old head office. In addition, the organization of the trade and companies register coordination committee has been modified.
These measures and modifications entered into force on the first day of the month following their publication. These simplification efforts aim to streamline administrative procedures and facilitate commercial operations within the trade and companies register.
Note: The text includes a mention “Nice Avocat, Grégory DAMY Droit des Sociétés; 2022 UPDATE,” which indicates additional information or context related to the topic.
