2024-07-31 13:38:43
Company name: the legal identity of the company
The term company name is used less and has been replaced by company name. In the Cerfa forms for the creation (M0) or change (M2) of legal entities, this term is used.
Even though your company’s legal name may be identical to your business name and brand, it has a different status. In legal terms, it is the company name which appears at least on your Kbis output. This proves the legal and legal existence of your business. The official document, issued by Kbis may contain other information such as business name, abbreviation, or other information related to the supervisory board or auditor.
Why did you change the company name of your SAS?
Before making the decision to change your company name, take some time to think. Identify the reasons why you will modify this article of yours legal conditions. This will allow you to choose the news carefully. In some cases, you have no choice. For example, if another company rightly reports that your company’s reputation is harmful to you, the easiest solution is to change it. To avoid a very awkward process, the best solution in this case is to change your company name as much as possible. You may also know that it is in your interest to change your legal identity to get out of the competition.
A change of corporate purpose can also justify a change of corporate name: additional activity to the corporate purpose (and appearance in the corporate name) may require the initiation of the change. The same applies if your company decides to stop one of its operations and explains the reason for the company.
For a new name, therefore you must think carefully and do some checks, especially in INPI and in the business and company registers (RCS). These are preliminary imaging studies. They will avoid any controversy.
What is the process for changing your company name?
In the vocabulary of corporate law, a company name change is qualified as a legal change. This simply means that you adjust the content of your company’s legal regulations and act as a SAS. In this legal form, the commercial code offers relative flexibility when drafting the regulations. In fact, you can decide on the conditions and rules that should be respected for certain changes: majority, majority in general meeting for example. Conversely, this is not the case for a limited liability company (SARL) whose regulations are simpler but more stringent.
Reading your bylaws will tell you the conditions and procedures to follow to change the company name of your SAS. For this kind of decision, all with the consultation of the shareholders in the extraordinary general meeting (EGM). The precise terms (precious, plural, etc.) of your work are also defined in the rules.
If other changes are necessary to harmonize other information about your company (corporate purpose for example) with the new company name, it is possible to add them to the agenda of your EGM.
New company name, new Kbis issue
Once the resolutions have been approved by the shareholders, the legal representative of SAS must register the minutes of the AGM with the RCS. This document must contain the name of the old company and the new one and must be certified as true by a legal representative. Another important document is an updated version of the legal framework, also certified as binding.
In addition to the following documents produced following the AGM, the secretary who will approve the RCS registration must have:
- Cerfa M2 form completed and signed
- confirmation of the publication of a legal notice in the gazette authorized by the department of the head office.
If the legal representative has not signed the M2 form himself, provision must be made for the written power of attorney addressed to his representative.
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