A step further has been taken in the dematerialization plan of administrative acts and the legal recognition of solutions provided by legaltech. Thus, the decree n° 2019-1119 which came into force on November 4, 2019, allows commercial and civil companies to dematerialize their registers. It is a new opportunity to simplify the administrative work for corporate managers and legal departments.
Both trading companies and civil societies can benefit from this decree. It applies to partnerships, limited partnerships, limited liability companies, public limited companies, simplified joint stock companies, and merchants under the micro-enterprise regime.
Thanks to this decree allowing dematerialization, the management of assemblies, boards of directors and supervisory boards will be greatly simplified. Order-in-Council 2019-1119 authorizes commercial companies to keep dematerialized records of shareholders' proceedings for partnerships, limited partnerships and limited liability companies, including corporations with limited partnerships. It also gives the possibility to dematerialize the register of the deliberations of the board of directors and the supervisory board, the register of presence to these councils, the register of the deliberations of the shareholders' meetings in the public limited companies, the register of the deliberations of the assemblies mandatory and meetings of holders of securities giving access to share capital in companies. If you are a civil company, you are entitled to keep a dematerialized register of the deliberations with your partners.
it possible to certify, by means of the electronic signature, the copies or the minutes of the deliberations for the commercial companies as for the civil societies. Please note that the electronic signature implemented in this context must comply with the requirements of Article 26 of the European Union Regulation n ° 910-2014 of July 2014 on electronic identification and trust services for companies. electronic transactions within the internal market. This is the so-called eIDAS regulation, establishing a common foundation for electronic exchanges between public authorities, businesses and citizens and preventing the misuse or alteration of identity.
This is a new step in the adoption and regulation of dematerialized procedures and rightly an incentive reform to advance in the dematerialization and automation with more efficiency and serenity, less constraint of time and place. The challenge now for managers of commercial and civil companies, is to opt for a trusted solution that has proven itself and will accompany you in the long-term. This is the case at alf (automated legal forms). We operate with DocuSign, legal and secure electronic signature solution, and Caisse des Dépôts to ensure simplicity and efficiency in the dematerialization of your procedures.
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