Navigating the administrative side: the role of the Chambers of Trade and registration in the Trade Register

In addition to the very definition of a craftsperson, there is a precise regulatory framework for carrying out a craft activity in France. For anyone setting up or running a craft business, understanding this framework and mastering the associated administrative procedures is a necessity. This environment is structured around two pillars: the Chambers of Trades and Crafts (CMAs), the key institutional contacts, and the Trades Register (RM), the official register where registration is, in most cases, an unavoidable obligation.

This article explains the role and organisation of the CMAs, and then goes into detail about the process of registering with the RM, its conditions and consequences. Navigating these administrative aspects may seem complex, but a good understanding is essential to securing and developing your business.

Chambers of Trades and Crafts: Organisation and missions

The Chambers of Trades and Crafts (CMAs) are public bodies under the supervision of the State. Their fundamental mission, inherited from the 1925 law that established them as a successor to the old guilds, is to represent the general interests of the craft industry to the public authorities and to contribute to the economic development of the sector. Administered by craftspeople elected by their peers, the CMAs form a structured network at several levels.

A network serving the craft industry

This network is organised in a pyramid structure:

• At national level : CMA France (formerly the Assemblée Permanente des CMA - APCMA) defines the national strategy, coordinates the network and represents the craft industry in dealings with the French government and European and international bodies.
• At regional level : Following the reforms aimed at rationalising and regionalising the network (in particular the 2010 law), there is either a Regional Chamber of Trades and Crafts (CMAR)which incorporates the former departmental chambers in the form of sections, i.e. a Regional Chamber of Trades and Crafts (CRMA) which coexists with autonomous departmental chambers. It is the regional level that now has a number of strategic responsibilities, including maintaining the Répertoire des métiers and organising apprenticeships.
• At departmental (or interdepartmental) level : The Departmental or interdepartmental Chambers of Trades and Crafts (resulting from mergers) provide local services, in conjunction with the regional chamber to which they belong.

Although this organisation may seem complex, its aim is to provide a territorial network that meets the needs of craftspeople, from the definition of broad guidelines to local support. The members of these chambers are elected for a five-year term by artisans registered with the RM.

Functioning and key responsibilities

In principle, the duties of CMA elected representatives are free of charge, although allowances or fees may be payable. Each chamber (regional, departmental, etc.) has an elected bureau (chairman, vice-chairmen, treasurer, secretary, etc.) which is responsible for its day-to-day management.

The missions of the CMAs are varied and essential to the craft ecosystem:

• Performance: Representing the voice of the craft industry to public authorities.
• Register of trades : Manage registrations, amendments and deregistrations (mainly at regional level).
• Training and apprenticeships : Organising and promoting apprenticeships, participating in the development of continuing vocational training. This is a historic and fundamental role for the transmission of know-how.
• Advice and support: Helping craftspeople to set up, manage, develop and transfer their businesses.
• Allocation of shares Recognising the qualities of a craftsman or master craftsman (at regional level).
• Economic development : Implementing initiatives to promote the arts and crafts, for example.

To finance these missions, the CMAs have their own resources, mainly from the "tax on the costs of chambers of trade and craft associations" paid by registered businesses, supplemented by any subsidies or fees for specific services. Their management is subject to rigorous administrative and financial control, including the appointment of an auditor and the keeping of analytical accounts.

The Répertoire des métiers: registration, a compulsory step

The Répertoire des métiers (RM), formerly the registre des métiers, is the official register of craft businesses. Its existence stems from the need to clearly identify those working in the sector and to ensure that they meet certain conditions. Registering with the RM is more than just an administrative formality; for most craftspeople it is a legal obligation, and compliance with it is a prerequisite for regular business activity and access to certain rights.

Who needs to register?

Registration is compulsory for private persons and legal entities (companies) that meet the criteria of the administrative qualification seen in our previous article :

1. Main or secondary occupation self-employed professional activity production, processing, repair or provision of services on the official list the craft trades.
2. Use initially 10 employees maximum. This threshold has been relaxed: a company can remain registered for up to 49 employees, and even beyond that for three years if the threshold of 50 is exceeded. The takeover of a registered business also allows registration for between 11 and 49 employees.
3. For certain regulated activities, proof of professional qualification required.

This obligation applies whether the activity is primary or secondary, and also concerns self-employed entrepreneurs carrying on a craft activity.

The registration process

The application for registration must be submitted to the Business Formalities Centre (CFE) of the competent CMA. Geographic jurisdiction is determined by the place of the principal place of business for a natural person, or the registered office for a legal entity.

In principle, the deadline for registration is one month before the start of the activity. However, it is tolerated no later than one month after starting workprovided that you have notified the CMA of the date on which you start work by the previous day at the latest.

The creation of a secondary school must also be declared to the CMA of the place of main registration within one month of opening.

Recorded information and changes

The RM contains information identifying the company (name, address, legal form, activity(ies), etc.), its director (for companies) or the sole trader. Certain specific situations must be mentioned, such as the existence of a collaborating spouse or a notarised declaration of non-seizability.

You must declare any change any change in the company's situation (change of address, activity, manager, spouse's status, etc.) within one month. The CMA can also ask the artisan to regularise his situation if it is informed of an undeclared change, and can even proceed with an automatic registration at the interested party's expense if he does not react. The supporting documents to be provided are changing; it is advisable to refer to the official lists (a decree issued at the end of 2021 specifies these documents).

Players and the registration decision

This is the President of the CMA It is the competent authority that decides on registration, generally within a very short time after receipt of the complete application via the CFE. However, it may refer the matter to the commission départementale du Répertoire des métiers (made up of representatives of the State, registries, CMAs and CCIs). This referral is compulsory before any refusal to register. If the president refers a matter to the commission, the applicant is informed. If no decision (registration or refusal) is notified within fifteen days of receipt of the complete application (when the matter is referred to the committee), the application is deemed to have been accepted.

Removal from the Trade Register

Registration is not definitive. A company must apply to be deregistered if it ceases trading or if it no longer meets the conditions (for example, if it exceeds the employee threshold on a long-term basis without benefiting from droit de suite). In the event of the death of an individual artisan, his heirs must apply for deregistration within six months (unless they apply for the business to be maintained provisionally). If the CMA finds that a business no longer meets the conditions, it may proceed with a automatic deregistration after a formal notice has remained without effect. It is possible to request a report on this cancellation at a later date if the situation is regularised.

Scope and consequences of registration (and the absence thereof)

Registration with the RM has significant legal consequences.

Effects of registration

Being registered with the RM attests to administrative recognition of your status as a craft business. This entitles you to certain advantages or specific status, such as the possibility of benefiting from the protective status for commercial leases for the premises where the activity is carried out, which are an integral part of the business. It is also a condition for being able to legally use the securities artisan", "artisan d'art" or "master craftsman", if the qualification requirements are also met. Lastly, registration creates a (simple) presumption of independence in employment law, useful for distinguishing the craftsman from the employee.

Penalties for failure to register

Not registering when you are required to do so is not without risk. The law provides for a criminal sanction in the form of a fine of up to €7,500 for an individual (and potentially much more for a legal entity). Even more seriously, failure to register is one of the constituent elements of the offence of concealed work by concealment of activity (article L. 8221-3 of the Labour Code). The penalties for undeclared work are severe: prison sentences, very high fines (up to €225,000 for a legal entity) and additional penalties such as a management ban. In addition to the criminal penalties, the judge may order the company to closure of the establishment.

Informing third parties via the Directory

The Trades Directory is a public register. Any interested party (customer, supplier, bank, administration, etc.) can ask the CMA for a copy of the register. registration certificate (sometimes called a D1 extract) certifying the legal existence of the craft business and its status, or a certificate of non-registration. This is a guarantee of transparency and security in business relationships.

Registering with the Répertoire des métiers is much more than just a formality. It is a key stage in making your craft activity official, opening up rights but also creating obligations. The steps involved can sometimes seem complex, particularly when it comes to the documents you need to provide or the declarations of changes. Our the firm can help you to secure your registration and manage your reporting obligations to the Chamber of Trades and Crafts.

Sources

• Crafts Code (Articles 5 to 5.8.1, 18 et seq., 23 et seq., 25 et seq.)
• Law no. 96-603 of 5 July 1996 on the development and promotion of commerce and craft trades (Art. 19, 24)
• Decree no. 98-247 of 2 April 1998 on craft qualifications and the register of trades (Art. 7 to 23)
• Commercial Code (Articles L.121-4, L.121-5, L.123-9, L.144-2, L.145-1, L.146-1, R.123-46, R.123-237, R.144-1, A.123-45 et seq.)
• Law no. 2014-626 of 18 June 2014 (Pinel Law)
• Order of 29 December 2021 setting the list of supporting documents for the RM
• French Labour Code (Art. L.8221-3, L.8221-6, L.8224-1, L.8224-5)