An establishment is a place of operation of a company. It can be primary, secondary or complementary depending on its location and its role in the activity. The head office corresponds to the legal domicile of the company, while themain establishment is the place where the activity is mainly carried out, often in the same place as the head office.

One secondary institution is a separate place of business located in a court of law other than the principal place of business. It allows the company to grow in a new geographical area and must be registered separately.

Conversely, a complementary institution is open in the same court jurisdiction as the principal establishment. It completes the activity without changing the registration area.

Whatever its type, an establishment can take the form of a branch, an agency or an office and may have separate representatives. He's not a legal person distinct: it is an integral part of the company, but has its own registration in RCS: titleContent and at RNE: titleContent.

The opening of a secondary or complementary institution is primarily based on development and organization of the activity. It allows the company to adapt its structure to the evolution of its economic, commercial or operational needs.

• Add an additional activity to that already carried out by the company, to access a new customer base or a new market
• Strengthen the presence and visibility of the company in a given geographical area
• Improve internal organization by spreading the functions of the company over several sites
• Get closer to certain suppliers or partners to facilitate exchanges
• Adapt the premises to the specific needs of certain activities
• Meet practical, contractual or regulatory constraints

The opening of a secondary (or complementary) establishment then makes it possible to obtain one proof of registration (excerpt Kbis or extract from RNE: titleContent updated), showing the new establishment.

The opening of a secondary (or complementary) establishment entailscompulsory registration from new establishment to RCS: titleContent and at RNE: titleContent within the limit of1 month before or after the opening.

The registration of the new establishment must be carried out on the website of the company formalities window :

Window of company formalities

To do this, the company must transmit the information and supporting documents following:

• The APE code : the activity or activities carried out corresponding to the French Nomenclature of Activities (NAF: titleContent)
• The address of the establishment
• The date of commencement of activity
• Certain indications on the origin of the fund (creation, acquisition, etc.)
• In case of ownership undivided operating elements: surnames, pseudonyms, forenames and domicile of the joint shareholders, or in the case of legal persons, their corporate name and address
• In case of management leasing of the new establishment: surnames, pseudonyms, forenames and domicile or corporate name and address of the head office of the fund-rental company, dates of the start and end of the management lease and indication that the contract is renewable by tacit renewal
• In the case of the new institution's management mandate: certain information on the other party (principal or manager-agent), duration of the contract and indication that the contract is renewable by tacit renewal
• In the event of the exercise of regulated activity : copy or original of the authorization or prior declaration

The declaration of a secondary (or complementary) institution constitutes a legal obligation where the latter carries out an activity distinct from the head office or principal place of business.

Failure to declare shall be treated as a concealment of activity and constitutes an offense punishable by criminal penalties, up to 3 years imprisonment and €45,000 fine.

A company that has not applied for registration of a secondary (or complementary) institution may also see refuse the benefit of the commercial lease status (right to renewal of lease or obtaining a eviction pay, for example) for the premises in which that establishment is operated.