French Commercial code
In forceThe direct debit contract must be drawn up in writing. It is concluded for a period of at least three months, renewable by tacit agreement, unless notice of termination is given. The parties undertake to comply with the following conditions:
1° The domiciliary must, during the occupation of the premises, be registered in the Trade and Companies Register; however, this condition is not required if the domiciliary is a French legal entity governed by public law or an association grouping together French legal entities governed by public law. The domiciliation agent shall make available to the domiciled person premises with a room suitable to ensure the necessary confidentiality and to allow regular meetings of the bodies responsible for the management, administration or supervision of the company as well as the keeping, conservation and consultation of the books, registers and documents prescribed by the laws and regulations.
The domiciliation agent holds a file for each person domiciled, containing supporting documents relating, in the case of natural persons, to their personal address and telephone number and, in the case of legal entities, to the address and telephone number of their legal representative. This file also contains supporting documents relating to each of the places of business of the domiciled companies and the place where accounting documents are kept when they are not kept at the domiciliation agent's premises.
He informs the court clerk, on expiry of the contract or in the event of early termination thereof, of the cessation of the company's domiciliation on his premises. If the person domiciled on his premises has not picked up his mail for three months, he also informs the clerk of the commercial court or the chamber of trades and crafts.
He will provide bailiffs with an enforcement order with the information needed to contact the person domiciled.
Each quarter, it provides the relevant tax centre and social security contribution collection bodies with a list of persons who have been domiciled on its premises during that period or who have terminated their domiciliation, and each year, before 15 January, a list of persons domiciled on 1 January.
2° The domiciled person undertakes to use the premises effectively and exclusively, either as the company's registered office or, if the registered office is located abroad, as an agency, branch or representative office. It undertakes to inform the Agent of any change in its business. It also undertakes to declare, in the case of a natural person, any change in its personal address or, in the case of a legal entity, any change relating to its legal form and purpose, as well as the name and personal address of the persons authorised to bind it on a regular basis. The domiciled person gives a mandate to the domiciliation agent, who accepts it, to receive any notification on its behalf.
The domiciliation contract mentions the references of the approval provided for in article L. 123-11-3.
