How to choose the right head office and launch a business?
The choice of the head office is an important and obligatory step for any company. It has a legal and administrative function, it allows to locate the direction of the company. This is why it is important to choose your head office well and not make mistakes. How to go about it?
The head office, an important place
I am the first to tell you often that the administration is not the most important when you decide to start your business. That is true.
But there are still some exceptions, including the choice of head office.
The head office will be the legal and legal place of your business, the direction of your business. When setting up your business, the registered office address must be specified on all official documents. It is first defined during the drafting of the statutes, it can be found on the Kbis and must be entered on all papers and invoices. The head office is unique, even if the company has several places of activity.
Justice and law
The location of your registered office determines which law your business depends on. If your company is created in France, you depend on French law for example. Also, if the company has to face justice, it will be under the jurisdiction of the court of the geographical area where the head office is located. Finally, the administrative procedures often depend on the location of the head office.
The head office can be dissociated from the place of operation. The commercial operation can be at the same location as the head office or elsewhere. The secondary establishment is defined by article R.123-40 of the Commercial Code as, "any permanent establishment, separate from the head office or the main establishment and managed by the person required to register, an agent or a person having the power to bind legal relations with third parties. »And the complementary establishment is linked to another existing establishment.
Choosing the location of its head office is strategic. This is an important step on which many actions will depend.
How to choose your head office without making a mistake?
To register the company in the Trade and Companies Register, the registered office must be chosen. You have several choices to establish it:
- At home: legally you have the possibility of domiciling your business at home. It is a simple and consistent choice when you are in a sole proprietorship. You thus avoid looking for commercial premises to carry out your activity. However, the registered office must be the domicile of the legal representative of the company (the manager). Besides, you have to know how to separate the private from the professional in this case.
- In commercial premises: in this case, you must find premises and establish a commercial lease to carry out your activity. It is a cost, suitable for many activities such as retail or catering.
- In a specialized company: companies are specializing in domiciliation. They serve as headquarters for other companies. They offer many services beyond domiciliation.
- (The Digidom company for example).
- In a business incubator: the Insurance business incubator brings together several businesses with many advantages, support, equipment, services, etc.
Can we change it?
The head office is not fixed, it can be changed and requires a few steps to be taken. You must call an extraordinary general meeting. Then, once the decision has been taken, it will be recorded in a report. Then you will need to advertise it in a legal notice newspaper. Finally, you will file the modification file with the Registry of the Commercial Court.