From 2023, the National Business Register (RNE) will replace most existing business registers and directories. All companies, whether their activity is commercial, artisanal, agricultural or liberal, are affected by this new register. with which they must register and provide, throughout their existence, all the information and documents relating to their situation.
Recall. Ordinance 2021-1189 of 15-9-2021 created a national register of companies (RNE) with which companies (individual companies or companies) must register from 1-1-2023 ; from this date, certain registers, such as the register of agriculture or the directory of trades, will disappear.
Two decrees of 19-7-2022 specified the terms of application of the RNE: the first essentially specifies the terms of registration and filing in the RNE, as well as the mode of operation of this register, the maintenance of which will be entrusted to the National Institute of Industrial Property (Inpi) (Decree 2022-1014 of 19-7-2022, Official Journal of 20-7); the second determines the amount of fees to be paid on the occasion of registrations and deposits that will be made to the RNE (Decree 2022-1015 of 19-7-2022, JO of 20-7). Here are the main provisions of these decrees, which will come into force, unless otherwise specified, on 1-1-2023.
RNE registrations and deposits
As of 1-1-2023, companies will be required to carry out their legal formalities (creation, modification, deletion, filing of certain documents: articles of association, annual accounts, etc.) with the electronic one-stop shop for business formalities, at instead of business formalities centers (CFE).
Recall. From 1-1-2022 until 31-12-2022, companies can carry out their formalities at a CFE or at the one-stop shop.
This electronic one-stop shop, managed by Inpi, will supply the RNE, also maintained by this body. The RNE will centralize all information concerning the legal life of companies and will replace the following registers and directories: the national register of commerce and companies (RNCS), the trades register (RM) and the register of agricultural assets (RAA).
To note. Given the disappearance of these registers, farmers and craftsmen will register with the RNE through the one-stop shop.
Persons required to register with the RCS and commercial agents will continue to register respectively with the Trade and Companies Register (RCS) and the special register of commercial agents, but will also be registered with the RNE, still via the one-stop shop. The special EIRL register is also maintained, as well as the Insee Sirene register.
Information contained in the RNE
The information that must appear in the RNE is essentially the same as that currently required by the current registers and directories (RCS, RM, etc.). Certain data will however have to be communicated to the RNE whereas currently they do not have to appear in the RCS or are optional. It’s like that :
- telephone and electronic contact details of corporate officers and partners bound indefinitely for corporate debts (SNC, civil society);
- the mention of the partner actually collaborating in the activity of the sole proprietor and that of the partner of the sole or majority shareholder manager of SARL or Selarl;
- the domain name of the company’s website;
- the itinerant or seasonal nature of the activities carried out and, if applicable, the surface area of the store(s);
- the status of employer of the company and, if applicable, of each of its establishments.
Certain data appearing in the RNE will be validated and checked, depending on the activity of the company, by the clerks of the commercial courts or the judicial courts ruling in commercial matters, the presidents of the chambers of trades and crafts or the MSA.
Payment of duties
The registration of information and filing of documents with the RNE will give rise to the payment of fees at the electronic one-stop shop for business formalities: for example €5.90 for a trader who is a natural person, a company or an economic interest group in the event of registration. supplement or amendment and €5.45 for filing annual accounts. No fees will be charged on registration.
These fees will be added to those collected during the completion of the formality (in particular fees for registration or filing with the RCS).
Access to RNE information
Certain administrations and certain professionals (Urssaf, CCI, chambers of trade and agriculture, Insee, bailiffs, notaries, administrators and legal representatives, among others) will have full access to the information and documents contained in the RNE.
The public will also have free access, for the purpose of consultation or reuse, to RNE data (in electronic format), with the exception of accounting documents covered by a declaration of confidentiality. However, for natural persons, only the name, username, pseudonym, first names, month, year of birth and municipality of residence may be disclosed.
In application of the GDPR, the declarant may nevertheless object to the provision of his data for prospecting purposes. This opposition will be brought to the attention of the administrations and the public.
› The national register of companies, operational from 1-1-2023, will identify, for each company operating on the national territory, all the information relating to its situation. Registrations and filing of documents in the RNE will not be carried out directly by the declaring company, but through the electronic one-stop shop for business formalities, managed by the Inpi, which it will have to use from 2023. to carry out, among other things, registrations and deposits with the RCS.
@ copyright: My Financial Management Alerts & Advice – Editions FRANCIS LEFEBVRE
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