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Subsection 3: Domiciliation of registered natural and legal persons.

Article R123-166-2 of the French Commercial code

The application file for approval includes: 1° In the case of a sole proprietorship, a declaration stating its name, its activity, its address, the address of its secondary establishments and the civil status, domicile, profession and position of its operator, accompanied by a copy of the latter’s valid identity document ; 2° In the case of a legal entity, a declaration stating its name or corporate name, its legal form,…

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Article R123-166-3 of the French Commercial code

The prefect who receives an application for approval has two months in which to examine it, from the date of receipt. Failure by the Prefect to respond within the timeframe mentioned in the previous paragraph shall be deemed to constitute rejection of the application. When the domiciliary agent satisfies the conditions set out in articles L. 123-11-3, L. 123-11-4 and R. 123-166-2, approval is granted for a period of six…

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Article R123-166-4 of the French Commercial code

Any substantial change in the information provided for in Article R. 123-166-2 must be declared within two months to the prefect who issued the authorisation. When the domiciliation company creates one or more secondary establishments, it must provide proof within two months to the prefect who approved it that the conditions set out in 1° and 2° of Article L. 123-11-3 are carried out for each of the establishments operated….

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Article R123-166-5 of the French Commercial code

Authorisation may be suspended for a maximum of six months or withdrawn by the prefect where the domiciliation company no longer meets the conditions set out in II of article L. 123-11-3 or has not made the declaration provided for in article R. 123-166-4. When the direct debit company is the subject of proceedings before the Commission nationale des sanctions instituted in article L. 561-38 of the Monetary and Financial…

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Article R123-167 of the French Commercial code

Any natural or legal person who sets up the registered office of his company in premises which he will occupy jointly with one or more companies shall submit, in support of his application for registration, the domiciliation contract concluded for this purpose with the owner or leaseholder of these premises. The provisions of the previous paragraph shall also apply to any legal person whose registered office is located abroad and…

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Article R123-168 of the French Commercial code

The direct debit contract must be drawn up in writing. It is concluded for a period of at least three months, renewable by tacit agreement, unless notice of termination is given. The parties undertake to comply with the following conditions: 1° The domiciliary must, during the occupation of the premises, be registered in the Trade and Companies Register; however, this condition is not required if the domiciliary is a French…

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Article R123-169 of the French Commercial code

The domiciliation contract provided for in articles R. 123-167 and R. 123-168 is mentioned in the Trade and Companies Register, with an indication of the name or corporate name and the references of the main registration in a public register of the domiciliary company.

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Article R123-169-1 of the French Commercial code

A failure to comply with the obligations mentioned in 1° of article R. 123-168. The same penalty applies if a company carrying out the activity of domiciliation agent fails to ensure that the person domiciled complies with the obligations mentioned in 2° of article R. 123-168. Natural or legal persons guilty of the offences provided for in this article shall incur the additional penalty of confiscation of the thing that…

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