Keeping of the RCS, removal from the SIRENE directory and the RSEIRL

New provisions, provided for by decree no. 2015-417 of April 14, 2015, relating to the maintenance and deletions in the various registers, are applicable from July 1, ²⁰¹⁵ .

Provisions relating to the trade and companies register (RCS)

The first two amendments concern the Trade and Companies Register (RCS) and, more specifically, the dissolution of companies. Indeed, under the new Article R. 123-75 of the French Commercial Code, in the event of the dissolution of a company resulting in the universal transfer of its assets to the sole shareholder who is not a natural person, the clerk of the court may issue the certificate of no objection after a period of thirty days from the publication of the dissolution, rather than within one month of the completion of the asset transfer. Furthermore, the clerk has the power to automatically register the dissolution of a company upon the expiry of its statutory term, except in cases of extension (Article R. 123-124 of the French Commercial Code).

Changes made to the national register of businesses and their establishments (SIRENE)

The National Institute of Statistics and Economic Studies (INSEE) is granted the power to remove an individual from the SIRENE directory if they are removed from the self-employed social security scheme (Article R. 123-227 of the French Commercial Code). The decree specifies that removal from the SIRENE directory can only occur after the removal of merchants, whether natural or legal persons, subject to registration with the Trade and Companies Register (RCS), commercial agents, whether natural or legal persons, subject to registration with the special register of commercial agents, and entrepreneurs registered with the register of sole proprietorships with limited liability (EIRL) (Article R. 123-228 of the French Commercial Code). In the case of multiple registrations, removal from the SIRENE directory is contingent upon removal from all registers (Article R. 123-230 of the French Commercial Code).

Entries recorded in the special register of EIRLs

From now on, in the absence of a request for deregistration by the entrepreneur, in the event of total cessation of his activity, the judge in charge of monitoring the RCS can issue an order requiring the person concerned to proceed with his deregistration.

Registration in the national register of those prohibited from managing

Finally, as of January 1 ^, 2016, in the absence of registration of the natural person or the legal person of which he was the de jure or de facto manager, personal bankruptcies, measures prohibiting management, administration or control, must be entered in the register of prohibited managers by the clerk of the commercial court, in whose jurisdiction these measures were pronounced, as soon as the decision is no longer subject to any appeal suspending execution.