How to decide on a head office transfer ?
A head office transfer is an operation by which a company changes its headquarters’address. More precisely, it modifies the location of its premises mentioned in all official documents. This process, which is similar to a change of address, requires a precise approach and procedure.
It is also initiated for specific reasons.
Reasons for transferring the registered office
Several reasons can justify a transfer of head office. It all depends on the company and its objectives or needs.
The leader changes of domicile
During the process of creating the company’company, l’The entrepreneur has the possibility to define his personal domicile as the registered office. In other words, its address is the one that appears in all administrative documents as the address of the company’s domicile’company. If this solution does not work’It is not the best way, but it has certain advantages. It is particularly economic.
C’This is the reason why many business leaders have decided to create a new company’the company’adopt. With this option, if the manager of the company is not renewed, the company will be able to use his or her personal residence as the registered office’The company is moving, the change of ownership is possible’the address of its registered office is inevitable. To go further, it is even mandatory to stay in good standing.
L’The company wants to gain notoriety
It does not’It is not uncommon that the credibility and reputation of the company is affected’a company are associated with the’address of its registered office. In some of the so-called premium areas, the companies domiciled there have the possibility to invest in a new company’greater visibility. They benefit from’an undeniable prestige that affects the’image, and enhances the company’s image.
A company can therefore decide to transfer its registered office to another location’In order to benefit from these advantages. It will then choose a luxurious room in the a high traffic area.
The company’It enlarges
The transfer of the registered office can also be simply due to the growth of the company’company. It is possible that’with time, the company has developed to the point of being able to use the building for commercial purposes’the need for larger premises and better equipped. In this case, those who served in the early years of the company’s existence are replaced by a new one’It is also important that the reasons for the transfer of the registered office are more in line with the current needs of the company.
The commercial lease is not renewed’s manager is not renewed
In order that’If a company uses a building that does not belong to it as a registered office, the only solution is to rent it. So that’the company is effective, a contract binding it to the owner is established. It stipulates that the building may be used by the company for commercial purposes for a fee.
Still called commercial lease, it is marked by deadlines and must be renewed. When’If your company is in this situation, we recommend that you change the registered office and therefore the extraordinary general meeting’company decides not to extend it for various reasons. If your company is in this case, we recommend that you change the registered office and therefore the name of the company’initiate a transfer.
Who decides on the transfer of the registered office ?
Given the significant change that a head office transfer represents, it is important that the company be able to move to a new location’It is not carried out by a simple decision of the manager. It implies the’intervention of different bodies of the company’company.
In an LLC
When you run a limited liability company, the decision to transfer the registered office is up to you l’extraordinary general meeting (EGM). It is’This is the time when all the partners of the company meet to take important decisions that affect the life of the structure. To do so’an EGM takes place, a duly drafted convocation is required according to the norms.
During the meeting, it is also important that’minutes may be drawn up for the meeting.
In a corporation
If you have a public limited company (SA), the decision to transfer the registered office can be taken by the company itself by the board of directors’administration. This body is responsible for defining the strategies and determining the mode of operation’organization of the meeting’the company has the necessary power to take the’initiative’It is possible that a change of domiciliation. However, a ratification by the board of directors is required’ordinary general meeting s’imposes.
In the SAS
In the case of’a simplified joint stock company, No collective decision is required’is required by law. It all depends on the articles of association and the’organ that’they designate as suitable to initiate a transfer of registered office. Nothing’therefore excludes that’it s’The content is the work of the company’s director’company.
What to do once the transfer is decided ?
When the transfer is decided, it should be written down. In this sense, The writing of a web site is very important’minutes The choice of keywords seems perfectly appropriate. It allows you to’to duly record the decision previously taken. You will then have to publish’a legal announcement.
In addition to’It has an informative purpose, it contributes to transparency.
It should not be forgotten that the registered office is an element that appears in the articles of association of the company’company. Therefore, when’It changes, these must be updated as soon as possible. This step is of the utmost importance’The writing of a website is of paramount importance and precedes that of the constitution of the website transfer file.
It must be transmitted to the clerk of the competent commercial court.