Setting up, changing or even closing down a business in France has often been seen as an administrative headache. Multiple forms, varied contacts, uncertain deadlines... a real headache for many entrepreneurs. In an attempt to remedy this complexity, a major reform has been implemented. Since 1 January 2023, the traditional Centres de Formalités des Entreprises (CFE) have been replaced by a Electronic Single Windowoperated by the Institut National de la Propriété Industrielle (INPI).
This digital transition is profoundly changing the way in which businesses interact with the authorities to carry out their mandatory formalities. Whether you're about to launch your business, adapt your structure or put an end to your entrepreneurial adventure, you are now concerned by this single portal: formalities.entreprises.gouv.fr. Understanding how it works has become essential. The aim of this article is to explain the new system and its practical implications.
From CFE to one-stop shop: understanding the transition
To understand the scope of the current change, we need to take a quick look back at the previous system. The idea is not new: simplifying the administrative life of businesses is a long-standing concern.
Business formalities centres (CFE): a brief look back
The CFEs were set up in the early 1980s with the laudable intention of offering businesses the opportunity to complete all the declarations they needed to make when setting up, changing or closing down a business, in a single place and via a "single file". The aim was to centralise the procedures for dealing with the various bodies involved: commercial court registrars for registration with the Trade and Companies Register (RCS), Chambers of Trades and Crafts (CMA) for the Trades Register (RM), URSSAF for social security contributions, tax services, INSEE for statistical identification, etc.
In practice, this centralisation was relative. The powers of the CFEs were divided between different networks: the Chambers of Commerce and Industry (CCI) for traders and commercial companies, the CMAs for craftsmen, the Registries for non-trading companies and commercial agents, the URSSAFs for the self-employed, and even the tax departments in some cases. Identifying the right CFE was not always easy.
In addition, the CFE's remit remained limited. It was mainly a matter of receiving the application, carrying out a purely formal check (presence of the minimum documents and information required), and forwarding the information to the various recipient bodies. The latter alone retained the power to validate the formality on its merits. Although the 1994 law introduced the concept of a "single file", the system could still be improved, and was seen by many as an additional administrative stage, sometimes a source of delays. Moreover, the option of going directly to the commercial court registry to register a company or make a change to the company register, without going through the CFE, has always existed and was frequently used to save time.
The PACTE Act and the birth of the one-stop shop
Faced with the limitations of this system and against the backdrop of the digital transformation of society, Law 2019-486 of 22 May 2019 on the growth and transformation of businesses, known as the PACTE law, marked a decisive turning point. One of its major objectives was to drastically simplify administrative procedures for businesses.
Rather than reforming the existing CFEs, the decision was made to create an entirely new interface: a single electronic windowcentralised and accessible online. The idea is to replace the multiplicity of physical CFEs and sector-specific web portals with a single digital gateway for all businesses, whatever their legal form or sector of activity.
Decree 2020-946 designates a single operator to manage this new platform: the Institut National de la Propriété Industrielle (INPI). This choice may come as a surprise, given that INPI has traditionally been known for managing trademarks and patents, but it is explained by its experience in managing complex dematerialised procedures on a national scale.
The electronic one-stop shop: a must since 2023
After a period of gradual roll-out, the Guichet Unique has become the single, compulsory channel for completing business formalities since 1 January 2023.
A single portal for all companies and all formalities
There is now a single access point: the formalities.entreprises.gouv.fr. Whether you are a craftsman, a shopkeeper, a self-employed professional, a company director (SARL, SAS, SA, société civile...) or even a micro-entrepreneur, all your legal formalities must go through this portal.
What procedures are involved? Virtually all the procedures involved in the life of a company:
- La creation Application for registration with the RCS or RM, declaration of activity for the liberal professions or micro-entrepreneurs.
- The modifications These include changes to the address of the registered office or an establishment, a change of manager, a change in business activity, an increase or reduction in capital, amendments to the articles of association, management leases, etc.
- La cessation of activity declaration of cessation, application for removal from the registers.
This obligation is set out in the French Commercial Code, in particular articles R.123-1 et seq., which have been extensively revised following the PACTE Act and its implementing decrees, such as decree no. 2021-300, which sets out the details of how the counter operates.
How does electronic filing work?
The process is entirely digital. In practical terms, the first step is to create a user account on the INPI portal. Once logged in, you can access a personalised area where you can initiate your application.
You will be guided through dynamic electronic forms, designed to adapt to your specific situation (type of company, nature of formality). You will need to fill in the information requested and, above all, upload the supporting documents required in digital form (usually PDF files). Depending on the formality, this may involve :
- The company's articles of association (signed).
- A copy of the manager's or sole trader's identity document.
- Proof of occupancy of the premises (commercial lease, registration certificate, etc.).
- A certificate of publication of the notice in a legal gazette (for certain company formalities).
- The minutes of the General Meeting deciding on a modification.
- And so on.
An essential step is the electronic signature of the declaration. This replaces the handwritten signature and has the same legal value. For the most common formalities, an "advanced" electronic signature is often required, involving the use of an electronic certificate. You should find out how to obtain this type of certificate if you do not already have one.
Lastly, payment of the costs associated with the formalities (registry fees for registering or amending a company's business register, costs of legal notices, etc.) is also made online, directly on the platform.
The key role of INPI and partner organisations
It is important to understand the division of roles in this new system. The INPI, via the Guichet Unique, acts as a centralising super-desk and transmitter. It receives your electronic file, carries out an initial check for completeness (presence of the required information and documents) and then distributes it to the various organisations responsible for processing it.
These partner organisations, the former recipients of CFEs, retain their authority to validate the formality on the merits :
- Le Registry of the Commercial Court remains responsible for legal control of the information declared and registration in the Trade and Companies Register (RCS). It is this body that issues the Kbis extract.
- La Chamber of Trades and Crafts (CMA) validates registration in the Répertoire des Métiers (RM) for tradespeople.
- L'URSSAF and other social security bodies manage membership and social security contributions.
- The business tax services (SIE) deal with tax issues (VAT number, tax regime, etc.).
- L'INSEE allocates the SIREN/SIRET number.
In short, the INPI is the single interface, but it is not its agents who examine the legal conformity of your articles of association or decide on your social affiliation. This validation remains the responsibility of traditional organisations.
What happens after the deposit?
Once your application has been submitted via the Guichet Unique, you will receive an electronic acknowledgement of receipt. INPI checks that the application is complete. If the application is complete, it is forwarded to the relevant partner organisations. If it is incomplete, you will receive a notification via your personal space on the portal, inviting you to provide the missing elements or correct the errors. This is an important point: communication about the progress of your application is mainly via this platform.
Processing times then vary depending on the complexity of the formality and the responsiveness of the partner organisations. The stated aim of the reform is to reduce these timescales, but we must remain realistic: dematerialisation does not mean instantaneous processing, especially if the file requires in-depth examination by the Registrar or URSSAF, for example.
Practical advice and points to bear in mind
Although the Guichet Unique aims to simplify procedures, it does require a certain amount of vigilance to avoid blockages or errors.
Anticipating and preparing your application
The key to a quick and successful application is preparation. Before you even log on to the portal, make sure you have gathered all the necessary information and supporting documents. Check the exact list of documents required for your specific situation.
The quality of the scanned documents is also essential. Illegible or incomplete scans will inevitably result in a rejection or a request for additional information, delaying your application even further. Take the time to check each file before uploading it. Imagine the time wasted if an essential document is rejected simply because it was badly scanned...
The electronic signature: a prerequisite
As mentioned above, most of the formalities require a electronic signatureoften at an "advanced" level. If you don't have the necessary equipment, plan ahead for this stage. Several service providers offer qualified electronic certificates (compliant with the eIDAS regulation). Find out about the cost and time involved in obtaining them. Not having a valid signature when you finalise your application on the portal is a frequent source of problems.
The importance of accurate information
The Guichet Unique is an input interface. It cannot guess whether the information you enter is legally correct or appropriate for your project. An error in the wording of the company objects, an inaccuracy in the address of the registered office, an incorrect declaration concerning the director's social security status, etc. can have major consequences and require costly and complex rectification formalities at a later date. Careful proofreading by yourself, or better still, by a professional, is strongly recommended before any submission.
Where can I find help?
The Guichet Unique provides online assistance (FAQ, guides, support). However, for more personalised support, you should be aware that the organisations that used to host the old CFEs (CCIs and CMAs in particular) continue to provide information and assistance to businesses in completing their formalities, even if these now go through the one-stop portal. They can be a useful point of contact.
And don't forget that you can appoint a professional to carry out these formalities on your behalf. A chartered accountant or lawyer can prepare and submit the file via the Guichet Unique, thereby ensuring that the information you provide is correct and accurate. This often saves a great deal of time and provides considerable security, particularly for complex formalities such as incorporating a company or making major changes to its articles of association.
The transition to the Guichet Unique aims to simplify matters, but all your legal formalities must still be carried out rigorously. For a secure business start-up, a compliant amendment to the articles of association or any other administrative procedure, our team of lawyers can help you. Contact us for a personalised analysis.
Sources
- French Commercial Code (in particular Articles L. 123-1 et seq. and R. 123-1 et seq.)
- Act no. 2019-486 of 22 May 2019 on the growth and transformation of businesses (PACTE Act)
- Decree no. 2020-946 of 30 July 2020 (INPI designation)
- Decree no. 2021-300 of 18 March 2021 (one-stop shop operation)
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