What office address in France ?
Companies registered in the Registre du Commerce et des Sociétés (RCS) are free to choose, at the time of their registration, for their registered office :
- either a rented or purchased commercial space.
- or the personal address of the company representative ; this choice is subject to a number of rules that we have tried to explain as well as possible.
- rr a collective registered address: either in the premises of another company or through a specialized virtual office company such as UBIDOCA.
What is a virtual office company in France ?
Governed by decree no. 85-1280 of 5 December 1985, virtual office companies must provide entrepreneurs and company founders with an address for their company headquarters as well as additional services to help them in their development.
In addition to a registered address, virtual office companies generally provide a large number of services : mail forwarding or delivery services, secretarial and hotline services, administrative and legal assistance, office rentals, on a permanent or ad hoc basis, etc. Depending on the virtual office company, these services are included in the rates or available as an option. Customers thus have a complete range of services that they can use progressively : they can for example start with a simple registered address and add services when they needs them.
The obligations of the domiciled and the domiciliary
A company that uses a registered company address must sign a registered address agreement with the one that "hosts" it (article 26-1 of Decree No 85-1280 of 5 December 1985)
The registered address agreement is written and must mention :
- that it is concluded for a duration of at least three months by tacit renewal, except notice of termination
- that the parties undertake to respect certain conditions.
The obligations of the Domiciliary :
- Be registered in the Trade and Companies Register or the Trade Directory.
- Not mandatory if the paying agent is a French legal person under public law.
- The paying agent agrees and undertakes to inform the clerk of the court, at the expiry of the contract or in case of termination of the contract, of the termination of the registered address of the company on its premises.
- According to Article L-561-2 of the Monetary and Financial Code, registered companies address must have a duty of vigilance and make a declaration of suspicion vis-à-vis their customers (companies domiciled).
The obligations of the Domiciled :
- Undertakes to use the premises effectively and exclusively either as the headquarters of the company or as an agency, branch or representation if the head office is located abroad.
- Undertakes to inform the paying agent of any change in its legal form and purpose and in the name and personal address of the persons with general power to bind it
- Give a mandate to the paying agent who accepts to receive any notification on his behalf.
Going through a registered company address is therefore an optimal solution for the creator who wishes to limit the risks to the maximum.
Virtual office companies support fast economic growth since they facilitate the creation of companies under legal and safe conditions.