Formalities

Electronic signature, changes of terms...: details of the one-stop-shop for formalities

Publié le null - Directorate for Legal and Administrative Information (Prime Minister)

At 1er january 2023, the one-stop-shop formites.companies.gouv.fr will become mandatory to carry out all your company formalities. There are a number of important clarifications. Entrepreneur.Service-Public.fr you detail them.

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Image 1Crédits: © kucherav - stock.adobe.com

Electronic signature of amendment or termination formalities

On the one-stop shop, any formality of modification or cessation of company must be signed in advance (signature allowing to identify the signatory and having a better level of security) which will be done by electronic means. This electronic signature is based on a qualified certificate in accordance with the requirements of the eIDAS Regulation (Regulation No 910/2014/EU). You need to find a qualified certification body. With this in mind, the National Agency for the Security of Information Systems (ANSSI) lists the trust service providers.

In addition, the technical procedures used must ensure:

  • the preservation of transmissions;
  • the date of dispatch and the date of receipt by the consignee;
  • security and confidentiality of exchanges.

It should be added that in combination with a simple electronic signature (signature without identity verification or consent process), identification by an electronic identification means of substantial or high assurance level included in the identification scheme constitutes an advanced electronic signature based on a qualified certificate. In other words, this means that in case of connection on the one-stop shop via FranceConnect+, a simple electronic signature will be equivalent to an advanced electronic signature based on a qualified certificate.

FYI  

The certificate of electronic signature Certigraft complies with the European eIDAS Regulation, it is part of the list of certificates recognized by ANSSI.

Please note

Acts are not covered by this advanced signature.

Possibility of submitting annual accounts in paper form

At 1er january 2023, in addition to the possibility of using the one-stop shop to transmit your accounting documents, it will still be possible to file your company's annual accounts in paper form with the registry of the commercial court. This paper repository is done in a one-month period from account approval by the ordinary meeting of shareholders or the sole shareholder. The online filing the annual accounts shall be drawn up in two-month period after account approval by the ordinary meeting of shareholders or the sole shareholder.

Terminology changes

The application of the NNE and the Single Window to the 1er january 2023 There are also terminological changes.

Current term

Term used as of January 1, 2023

Person

Legal unit

Legal person

Registration

Identification

Please note

The terms SIREN and SIRET remain commonly used.

Retention of your data

The information you provide in your return and the supporting documents provided are: stored for 3 years by the National Institute of Industrial Property (INPI), the operator in charge of the one-stop shop.

Registration of commercial companies

For commercial companies, only the one-stop shop will allow registration at 1er January 2023. The information entered will then be integrated into the National company Register and the SCN. The company will therefore be registered in both of these registers.

The company will have only one SIREN and one SIRET.

Status of the formality

The steps to know its status change according to the formality filed:

  • If you create your company, the status of your formality will be available on formalities.companies.gouv.fr, in your personal space.
  • If you are making a change or terminating a company, you will need to contact the organization that received your formality (indicated in the acknowledgement of receipt that you received).

The use of Infograft after 1 January 2023

At 1er January 2023, the Infograft site, used for the formalities of commercial businesses, will remain available to companies registered with the RCS in order to obtain a K or Kbis extract or documents. Concerning formalities, all formalities (creation, registration, modification or cessation of companies) will be to be made on formalities.companies.gouv.fr.

Please note

The Kbis will be transmitted by the Registry to the declarant of the formality (the Head of company, the representative or the delegate).