Each company is obliged to carry out the advertising formalities used to inform the public by means of a newspaper, it takes the form of a legal notice which is inserted in the newspaper. The process can be complex due to the application of strict rules from the drafting of the advertisement to its publication.
What is the legal notice
The legal announcement is characterized by a notice included in a legal announcement journal or an official journal in order to benefit from recognition and authorization by the prefect of the department. Companies publish a legal notice for the sake of transparency but above all to warn third parties such as competitors, customers or potential investors. The publication mainly covers the department where the head office of the organization is located and above all allows companies to bypass the steps to be taken at the Centre de Formalités des Entreprises or at the clerk’s office of the court in the case of non submission of these structures.
The cases of an obligation to publish a legal notice
The purpose of a legal announcement is to formalize information about the company to the public, but in some cases it is mandatory to publish it. Indeed, when founding a company, it is necessary to choose the company status that defines its activities and the way in which the fiscal and legal institutions perceive it. Any changes to the status, e.g. change of company name, decrease or increase in capital or change in legal status require the publication of a legal announcement. Various cases such as a change of management, a company being put on hold, a takeover or the continuation of activities despite losses until liquidation also require a legal announcement.
The information to be included in the announcement must be precise, but it depends strongly on the legal status of the company. However, certain criteria such as the company name, legal form, address of the registered office and identification number remain mandatory.
Publication and cost
The content of the legal notice is regulated, but the company can choose the newspaper without constraints. However, it is recommended to choose a reputable newspaper in order to ensure that a certificate of publication is issued once it has been published. In the event of errors or omissions, it is possible to issue a correction notice, indicating the references differentiating the legal notice from the correction. The rates for the publication of a legal notice are subject to regulations, but generally vary according to the department, between 4 and 6 euros in the majority of cases. The publication price also depends on the number of lines in addition to the rates offered by the newspaper.