How to publish a legal announcement to create his company ?
If you are an entrepreneur or a manager of a company’If you are a company, you will have to publish legal notices on a regular basis, a formality imposed for several reasons. Indeed, the procedure is mandatory for any major event modifying the structure (change of status, transfer of head office, increase of capital…).
What is a legal announcement ?
You must publish a legal notice for inform the population about the identity and the purpose of your company. The objective is to present the essentials of your business to the general public (customers, competitors, investors, institutions…). These announcements indicate the legal information related to your establishment.
They must be published in the JAL (Journal d’Annonces Légales).
The publication of a legal announcement consists in fulfill your duty of information and transparency regarding your professional activity. Through this action, you will reveal the existence and the purpose of your company to the public. This procedure is also mandatory in case of liquidation of a company. It is also accompanied by specific steps to the clerk of the Commercial Court.
When to publish it ?
The contractors are obliged to publish a legal notice in case of business creation or of major change on their establishment. Thus, the external entities will remain informed about the structure of the company. The principle is simple: you will have to publish a legal announcement after any step affecting the identity of your organization.
Besides the incorporation and dissolution of a company, the procedure is mandatory for any initiative modifying the status as :
- Replacement of the manager ;
- The revaluation of the share capital ;
- The revision of the duration of operation ;
- The change of legal form;
- The arrival or departure of a partner;
- The transfer of domiciliation.
The Clerk of the commercial court requires moreover a certificate of publication in the JAL to validate these various modifications. Failure to do so will result in the cancellation of the proceedings.
How to publish a legal notice ?
For publish a legal announcement, you must prepare the content, choosing a Authorized JAL and follow the dissemination procedure indicated. It is however important to take care of the information transmitted through these official channels. This legal obligation can already become a springboard for your brand if you have successfully created an innovative product.
Therefore, the process is far from being trivial.
With complete information, you can notably interest potential partners. This is a significant opportunity for newly incorporated companies. To a certain extent, this approach can also reach consumers.
The impact of the announcement will however depend on the JAL chosen and the content published.
Choice of the legal gazette
Basically, a Journal d’Annonces Légales must be authorized by the State and published in the department where the company is domiciled. This authorization is issued by the prefecture. It is generally granted to information media that have been published for at least six months on the territory considered. In concrete terms, this definition covers, among other things
- The most famous national daily newspapers (Les Echos, La Croix, Libération…);
- Legal announcement sites such as https://www.lextenso-services.en/ ;
- Regional newspapers (La Voix du Nord, Le Parisien, La Croix du Nord…);
- The gazette du palais (preferred for judicial announcements) ;
- Parisian posters and small posters (focused on legal life and business management).
A JAL must also publish a significant number of copies to ensure the visibility of the legal announcement.
Precise drafting of the ad
To write the announcement, you must first of all include the legal mentions related to the legal object of the publication. The Commercial Code requires, for example, when creating a company to indicate :
- Notice of Incorporation;
- The method of drafting the articles of association (authenticated deed or private agreement);
- The legal form ;
- The corporate name and possibly the trade name;
- The amount of the share capital ;
- The address of domicile;
- The main activity;
- The life span of the establishment;
- The competent clerk’s office ;
- Information on the legal representative of the company;
- The measures concerning the transfer of social shares.
The goal is to clearly identify all stakeholders and the scope of the initiative for the general public.
Today, it has become easier to publish legal announcements thanks to dedicated websites. You will no longer need to choose a local newspaper or to resort to a professional (lawyer or accountant). Just go to the specialized platform, fill in the template corresponding to your situation and publish the notice.
With this solution, you will also have at your disposal experts in business creation. They will be able to provide you with a complete accompaniment to carry out these administrative formalities. Moreover, this option is currently the most affordable on the market.