Change business Name
Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)
The company may be identified by the trade name, trade name and brand name. In the course of its existence, the company may modify any of these elements. To do this, certain formalities must be completed.
It is necessary to distinguish the corporate name, the commercial name and the brand name which are 3 distinct concepts.
Name of company / Name of company
The corporate name is the name of the business from which it can be identified as a separate legal entity from its component members.
The name of the company is obligatory, it must appear in the statutes of the business followed by its legal form (SARL, SAS, SA, etc.).
If the company is a civil business, then we are talking about a corporate name.
The business name is freely chosen by associates, it can include letters and numbers, or even some special characters. It may be fanciful, in connection with the activity carried out or may simply take the name of a partner.
If you decide to use your own name as your corporate name, the business can continue to use it even after you leave.
The name of the company shall be protected as soon as it is entered in the Commercial and business Register (SCR).
Warning
As part of a individual business (micro-entrepreneur, sole trader, EIRL: titleContent), the legal identity of the company is inseparable from the identity of the entrepreneur. Thus, the denomination corresponds to its surname (which may be accompanied by his first name). For an individual contractor, the name must be preceded or followed by the indication sole trader or IS.
Trade name
The trade name is the name used publicly by the company to carry on its business or business.
In other words, the trade name is common name that helps identify the company in its business relationships with suppliers, partners, and customers. It is therefore included in most of the documents published by the company (contracts, invoices, advertisements).
The trade name is optional and may use the name of the company.
It is protected by its use alone.
Commercial sign
L'commercial sign makes it possible to identify territorially the premises that operate the business, it designates a particular company establishment.
This may be an inscription, emblem, logo or any other symbol generally displayed on the facade of the point of sale. The sign may refer to the trade name, the name of the operator or even the name of the street where the establishment is located.
The commercial brand is optional but contributes to the company's brand image.
Before making any changes, it is imperative to check availability of the chosen name, i.e. make sure that it is not already used by a company with a similar or similar activity to yours.
If your new name is likely to confuse a competitor, they can take you to court for unfair competition and claim payment of damages.
To check the availability of the name, it is possible to consult the site free of charge Company Directory. This database gives you access to all the information of a company (names, Siren, address, etc.).
Company Directory: Find all information in a company
It is also advisable to perform a prior art search on theInpi to verify that the name envisaged does not benefit from any protection (trademark application).
The formalities vary depending on the item affected by the change.
Name of company
Changing the name of a company involves a amendment of the statutes by members meeting in accordance with the procedures laid down by law or the statutes.
Please note
Where the business has only one partner (EURL or SASU), the decision to change the name of the company shall be taken by that partner.
The change notice must then be published in a legal listing support mentioning the old and new name of the business.
Finally, the change of name must be declared on the website of the company formalities office.
Auto-insert at Bodacc (Official Bulletin of Civil and Commercial Advertisements) will issue the name change enforceable against third parties.
When you file your return, you must submit the supporting documents following:
- A copy of the statutes updated, dated and certified as original by the legal representative
- Certificate of publication of the notice in a legal listing support
FYI
If the change of name results in a change in beneficial ownership, it must also be declared on the formalities window.
Trade name
The decision of the partners to change the trade name takes the form of a minutes, but does not imply a change in the statutes.
Please note
Where the business has only one partner (EURL or SASU), the decision to change the trade name is made by that partner.
Publication of a notice in a legal listing support is optional.
On the other hand, the trade name is one of the characteristics of the company. It is therefore necessary to declare the change of trade name on the website of company formalities office.
The automatic insertion in the Bodacc (Official Bulletin of Civil and Commercial Advertisements) will make the change of the commercial name enforceable against third parties.
Please note
If the change of trade name results in a change in beneficial ownership, it must also be declared on the formalities window.
Commercial sign
The decision of the members to change the commercial sign takes the form of a report but does not imply a change in the articles of association.
Please note
When the business has only one partner (EURL or SASU), it is up to the partner to decide whether to change the brand.
Publication of a notice in a legal listing support is optional.
On the other hand, the commercial brand is one of the company's characteristics. It is therefore necessary to declare the change of brand name on the website of the company formalities office.
Auto-insert at Bodacc (Official Bulletin of Civil and Commercial Advertisements) will issue the change to the commercial name enforceable against third parties.
Please note
If the change of sign results in a change in beneficial ownership, it must also be declared on the formalities window.
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