Your institution wishes to modify its legal form: you must apply for prior authorisation from the ACPR.
Stages in the procedure
- Before making the change, send a letter signed by a person effectively running the undertaking to the Authorisation Directorate, stating:
- the current legal form;
- the proposed change and the draft amended articles of association;
- the reasons for the change;
- the timetable for completing the project.
- Following a review, your application will be submitted to the ACPR, which will make a decision on the proposed change and inform the institution of its decision.
- Once the change is effective, please send the Authorisation Directorate the documents evidencing that the change has taken place, and notably the minutes of the extraordinary general meeting that voted on the change, along with the undertaking’s new articles of association and a copy of the announcement published in a legal gazette.
Corporate name and trading name
Credit institutions, finance companies and investment firms other than portfolio management companies must obtain prior authorisation from the ACPR before changing their corporate name. The same applies to changing a trading name.
Stages in the procedure
- Send an application for authorisation to change the corporate name or trading name, signed by a person effectively running the undertaking, to the Authorisation Directorate.
- Your application will be submitted to the ACPR, which will make a decision on the proposed change and inform you of its decision.
- Once the change is effective, send the Authorisation Directorate a letter confirming the date of the change and its compliance with the authorisation issued by the ACPR.
- Provide supporting documentation as soon as possible, namely:
- a copy of the minutes of the meeting by the competent body approving the change;
- the duly amended articles of association;
- a copy of the Kbis certificate of incorporation;
- a copy of the announcement published in a legal gazette.
Named partners and limited partners
If you wish to change the composition of the board of a Société en nom collectif (general partnership) or the identity of the general partners in Société en commandite par actions (limited partnership with share capital), you must apply for prior authorisation from the competent authority.
Stages in preparing your application
- Mail in a detailed application signed by a person effectively running the undertaking to the Authorisation Directorate, explaining the reasons for the change, accompanied by:
- the capital contributors questionnaire filled out by the proposed new partner;
- a letter to the ACPR Chairman on the acquisition of interest in the undertaking’s capital filled out and signed by the proposed new partner;
- Provide the draft resolutions that will be put to the general meeting of partners.
The application must be sent to the Authorisation Directorate, which may request additional clarification or documentation depending on the specifics of the project.
Once the application has been reviewed
- The request will be examined by the competent authority, which will notify you of its decision.
- Once the change is effective, the institution must send the Authorisation Directorate all supporting documentation, including the minutes of the general meeting and the new articles of association.
Time allotted for reviewing applications subject to prior authorisation
The competent authority has three months to come to a decision from receipt of an application containing all the information needed to understand the reasons, objectives and effects of the proposed change.