I want to sign a commercial lease agreement before the incorporation of my company: is it possible?
You can of course sign a commercial lease agreement, before your company’s incorporation is finalised. We advise you to inform the landlord that your company is in the process of incorporation and that you will hand over the certificate of incorporation (extrait Kbis) to them as soon as you receive it from the tribunal.
However, some rules must be respected. Everything depends on the signature of the statutes:
- The statutes have already been signed: the statutes must provide the list of the mandates given to the leaders to sign contracts in the name of the company being formed. This can be done in the appendices. The same applies to the conditions for post-registration recovery of these commitments. The procedure must be as clear as possible!
- The statutes have not yet been signed: it is necessary to attach the list of past commitments in the name and on behalf of the company in formation, as well as the financial consequences, to the statutes that will be signed later. At the time of registration of the company, the contracts designated in the articles of association will be taken over in their entirety by the company.
Please be reminded that several options are available for the domiciliation of your company:
- The registered office may be at the corporate officer’s domicile of the corporate officer: this is normally a temporary domiciliation, unless the stipulations of the rental agreement allow a more permanent installation.
- It can be in professional or commercial premises: the company must own or rent the premises. In the latter case, proof must be given of a professional or commercial lease.
- Domiciliation companies can also give you an address for your head office: please see our partners, who offer preferential rates.
- Finally, you can also opt for an incubator, or a business center.
As such, a contract giving access to premises is not valid to domicile your company and to justify the address of the head office of your company. In general, this type of contract is aimed at providing certain services, and the right of access to the premises does not offer the right of enjoyment expected. Moreover, very often, the provider does not have the prefectural approval required for the domiciliation of companies.
Our experts are at your disposal to answer any other question: do not hesitate to visit our website!