Key Benefits:
The Prime Minister,
On the Seal Care Report, Minister of Justice, and the Minister of Small and Medium Enterprises, Commerce, Handicrafts and Professions,
Given the Civil Code, including its Articles 1316 to 1316-4 and 1317;
Due to the code of commerce;
In view of the Rural Code;
Due to the amended law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms;
Law No. 94-126 of 11 February 1994, as amended On the individual initiative and enterprise;
Given Law No. 96-603 of 5 July 1996 on the development and promotion of trade and the craft sector, in particular Article 19-1;
In view of Act No. 2003-721 of 1 August 2003 for the economic initiative, in particular Articles 2 and 4 thereof;
Given Decree No. 84-406 of 30 May 1984 Amendment relating to the register of trade and companies;
Having regard to Decree No. 96-650 of 19 July 1996 on the centres of business formalities, as amended by Decrees Nos. 98-326 of 27 April 1998 and No. 2002-375 of 19 March 2002;
Seen the Decree No. 97-497 of 16 May 1997 on the unique identification number of undertakings, Amended by Decree No. 98-550 of 4 July 1998;
Having regard to Decree No. 2001-272 of 30 March 2001 for the application of Article 1316-4 of the Civil Code and relating to electronic signature, as amended by Decree No. 2002-375 of 21 March 2002;
The Council of State (Public Works Section) heard,
Describes:
The third paragraph of item 1 is deleted.
The second paragraph of Article 3 is replaced by the following:
" However, where the declaration includes an application for registration in the register of commerce and of companies, recordal or cancellation, the declarant shall have the right to file the file of declaration directly with the Registry of the Court of competent jurisdiction to do so. In this case, the Registry, which maintains the application for registration, shall promptly transmit the file to the formalities centre of the competent
. Where the declaration is effected by electronic means, the special provisions laid down in Article 9-1 shall be applied. "
In the first paragraph of Article 5, the words: " Under the conditions laid down in Article 4 of the abovementioned Act of 11 February 1994 and in accordance with the procedures laid down in the order referred to in Article 1, ' Are deleted.
In Article 6, it is added a VII so written:
" VII. -In the cases provided for in Article L. 123-9-1 of the Commercial Code and in Article 19-I of Law No. 96-603 of 5 July 1996 on the Development and Promotion of Trade and Handicrafts, the receipt provided for in II when the file is deemed to be Complete by the competent center takes the name of the business creation file deposit receipt. Issued free of charge and without delay, this receipt shall be valid until the notification of its registration to the declarant and, at the latest, up to the expiration of one month from the date of its issue. It indicates:
" (a) The name and address of the centre;
(b) The date of referral to the centre;
(c) The date of issuance of the receipt and the expiry date of its validity;
" (d) The reference: Waiting for registration " ;
" (e) The references to Article 5, 2 °, and 3 °;
" (f) The organizations to which the file is transmitted on the same day.
" In the case of equipment for the exchange of the necessary computerised data with the INSEE and, at the latest, on 1 January 2007, the business formalities centre shall indicate on the receipt of the creation dossier Company the unique identification number that INSEE communicates to it and to the registrar of the competent court, where the declaration includes an application for registration in the register of trade and companies
Where the declaration includes an application for registration in the Register of Trade and Companies, a copy of the receipt of the business creation file shall be forwarded to the appropriate registrar with the file of the declarant
Where it is granted in accordance with Article L. 311-2-1 of the Rural Code, the receipt of the business creation file, issued free of charge and without delay, shall
: (a) The name and address of the centre;
(b) The date of referral to the centre;
(c) The date of issue of the receipt;
" (d) The references to Article 5, 2 ° and 3 °;
" (e) The organizations to which the file is transmitted on the same day. "
Article 9-1 becomes Article 9-2.
It is inserted after item 9 a Article 9-1 thus written:
" Art. 9-1. -The provisions of the preceding Articles shall apply to the declaration of an undertaking by electronic means, subject to
following provisions: I.-Where it is established and transmitted electronically to the business centres, the single file referred to in Article 2 of the abovementioned Act of 11 February 1994 includes the following documents:
" 1 ° The electronic form containing all the data reported;
" 2 ° Digital or digitised parts payable, including, where appropriate, the mandate given by the declarant to a natural or legal person for the purpose of making the declaration on his behalf, as well as the instruments of incorporation to be deposited, except If the parts are to be supplied in original and prepared in paper form;
" 3 ° Where the declaration of creation or modification of the situation gives rise to the collection of legal fees resulting from the entry in a legal register, the proof of payment of those costs, in accordance with the means communicated to the Declaring.
" II. -For the purposes of applying the provisions of this Article, where a signature is required, the use of a secure electronic signature is required under the conditions laid down in Article 1316-4 of the Civil Code and Decree No. 2001-272 of 30 March 2001 For the application of Article 1316-4 of the Civil Code and relating to electronic signature. However, for the electronic transmission of business creation files, the use of an electronic signature, including applications for registration in the Register of Companies and Companies, shall be permitted. Characteristics provided for in the first sentence of the second subparagraph of Article 1316-4 of the Civil
. III. -Where it is required to file authentic acts or private acts in its original form or if it wishes to furnish in hard copy all or part of the required documents and supporting documents, the declarant shall attach to those documents an edition of the acknowledgement of receipt Electronic to the IV of this Article.
" IV. -Upon receipt of a file in accordance with the provisions of I and II of this Article, the formalities centre of the competent undertakings shall acknowledge receipt by electronic means to the declarant or his authorised
. The Business Centre shall be responsible for the transmission to the recipient agencies and administrations of the elements of the business declaration file it has received electronically.
" V.-Where the record referred to in this Article is deemed to be complete, the transmission to the declarant or his agent of the receipt provided for in II and VII of Article 6 shall be effected by electronic means, unless the declarant or his authorised representative Requests transmission by post.
" In the case of electronic transmission, the receipt provided for in VII of Article 6 shall contain the secure electronic signature of the person who issues it in accordance with the conditions laid down in the decree of 30 March
. VI. -A Ministerial Order sets out the electronic characteristics of the documents listed in the I of this Article and the procedures for the issuance of the electronic acknowledgment of receipt by V.
" VII. -When they have equipped the necessary technical equipment, the formalities centres of the enterprises, or the services which the management bodies of the formalities centres of the undertakings put together for this purpose, provide a service Internet access, secure and free, allowing the registrant, according to his choice, to:
" -transmit a single file as defined in the I of this Article as long as it complies with the provisions of II and VI of this Article;
" -prepare such a folder interactively and transmit it.
" This service can also be offered by the registries.
" VIII. -Where the declaration calls for entry in the Register of Trade and Companies, pursuant to Article L. 123-1 of the Commercial Code, the computer service referred to in VII shall, together with:
-the registrant to carry out the payment of the legal fees resulting from this entry in the register of trade and companies with the Registry;
" -the Registry competent to receive, by electronic means, the part of the single file which is necessary for it to proceed with the registration. It shall acknowledge receipt, by electronic means, of the declarant;
" -at the corporate formalities centre to receive, electronically, the single file.
" IX. -If the declarant uses a provisional preservation service of the data proposed by the declaration service in conditions in accordance with the law of 6 January 1978 referred to above, it shall be carried out, following the provisional retention period of a Maximum duration of one month, the clearing of all data and files concerning the registrant on the computer media in which they appear. The registrant shall be notified in advance by electronic means or, failing that, by simple letter. "
Minister of Economy, Finance and Industry, Minister of Justice, Minister of Justice, Minister of Transport, Equipment and Tourism Minister of Health and Solidarity, the Minister of Agriculture and Fisheries, the Minister for Small and Medium Enterprises, Commerce, Handicrafts and Professions, the Minister Delegate to the Budget and to the Government reform, Government spokesperson, and the Minister responsible for social security, the elderly, persons with disabilities and the family are responsible for the implementation of this Decree, each of which will be published in the Official Journal of the French Republic.
Done at Paris, June 9 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Small and Medium Enterprises,
Business,
and Liberal Professions,
Renaud Dutreil
The Minister of the Economy,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
Minister of Transport, Equipment,
du tourisme et de la mer,
Dominique Perben
Le Minister of Health and Solidarity,
Xavier Bertrand
Minister of Agriculture and Fisheries,
Dominique Bussereau
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
Le Minister delegate to social security,
to seniors,
to people with disabilities
and family,
Philippe Bas
