secondary registration in trade register

May 20, 2020

the trade register


The secondary registration in the trade register comes after the desire to expand the activity of the institution to other branches that would increase sales and development to practice another complementary activity, and we will address:
-The concept of secondary enrollment ;
-Justifications for opening secondary institutions ;
- A file for secondary registration ;

1 / definition of secondary registration in the trade register:

    Secondary registration means that restriction aimed at registering a secondary institution in the same commercial registry as the main commercial institution and / or in other commercial records.
It is worth noting in this regard that there is a distinction between the registration of a secondary institution in the same commercial registration as the main commercial institution, so it is called a supplementary registration.
     However, if the registration or entries are in the registry or other commercial registrations, he is termed as secondary or secondary registrations, and this is what is required of him in French legislation, unlike the rest of the legislation.
    The secondary record is requested by all natural and legal persons that have made a primary registration before, meaning everyone who has made a primary registration.
     Accordingly, the company's registration in the commercial registry gives this company the possibility to open a secondary institution or institutions according to the need for its activity, and it is achieved at the commercial registry level by making a secondary registration.

The registration, amendment and cancellation procedures in the commercial register stating:

-Registration in the commercial register is of a personal nature.
-A person registered in the Commercial Register shall be given only one number to the main registration, which cannot be changed until the purpose of his deletion.
-The secondary enrollment is carried out with reference to the main enrollment.
- Secondary enrollment: Every restriction related to secondary activities practiced by each natural or legal person and represents an extension of the main activity and / or the practice of other commercial activities present in the territory of the main institution and / or other states.

2 /: Justifications for opening secondary  registration in the trade register:

- The company's activity and the partners ’decision to use another place to do the same or other activity in this same state or in another state.
The exercise of an activity that does not constitute a group homogeneous with the main activity, such as the practice of a nutritional activity with a non-nutritional activity.
- Carrying out an activity that enters into a sector that conflicts with another sector and cannot be placed in the same extract of the commercial registry as the practice of production with a retail sale or the practice of import and export activity with a retail sale.
In these cases, due to the existence of legal impediment and justification, the establishment of a secondary institution is resorted to.

3 / the dossier to provide for secondary registration in the trade register:

By noting the texts organizing the commercial register, we note that the legislator did not organize the file to be submitted for the registration of the secondary institution.
The required file for enrollment in secondary institutions consists of the following:
- A written request to forms submitted by the National Center for Commercial Register
- Tenancy contract or title deed of the shop that includes the secondary activity
Approval or authorization when it comes to a regulated activity or profession.
- A copy of the receipt for payment of the tax stamp rights stipulated in the applicable fiscal legislation.
- The receipt of payment of registration rights in the commercial register as specified in the applicable regulation.
- A copy of the Basic Law for the legal entities.
Registration in the commercial registry for secondary activities is carried out on the basis of an application signed and written on forms submitted by the National Center for Commercial Register, as well as a copy of a title deed, lease contract, or concession document proving the existence of a qualified place to receive a commercial activity or a plot of land containing the secondary activity or every contract or decision for a Muslim allocation By a public body.
- Mandatory payment of taxation rights as well as registration rights and attaching a copy of the license or accreditation when it relates to
The command to perform a regulated activity or profession. Download list
- A copy of the Basic Law that used to clarify the company’s eligibility to perform the required activity in the secondary institution As long as the company's activity is limited to its subject matter, its basic law.
   The question is whether to create a secondary institution, must a property contract or lease differ from the property or lease contracts that were submitted for the company's registration?
We distinguish between a case of secondary activity in another location, whether in the same state or outside it. In this case, the legal basis for occupying the place must be proven, whether by providing the title deed or the lease contract related to that place.
In the case of requesting a secondary registration to conflict activities and not being able to be included in the same extract of the commercial registry, especially if activities do not require a site for the activity or a factory or production unit but rather require an office only such as import and export activities, given the activities related to the import of foodstuffs with non-foodstuffs are carried out Resorting to a new lease for a secondary office.
The interests of the National Center for Commercial Register have resorted to a kind of flexibility with the issuance of the Ministerial Decree in 2011 that defines the validity of the commercial registry and makes the import and export sector inconsistent with other sectors. In order to settle the records that included multiple sectors of activities, a memorandum was issued according to which the officials Make a secondary registration at the same address within the limits of what is permitted by the property contract or lease.
Whereas, this memorandum stipulated that in the case of multiple sectors in the commercial records subject to renewal in this case, the company can include a secondary registration in its headquarters within the limits of what is permitted by the title deed or the lease contract of the company concerned, and the latter can be reinforced with a record prepared by a judicial record showing the presence of several shops.

In order to find a solution to this situation, the warden must be granted discretionary authority over the extent of accepting a secondary entry procedure with the same social headquarters contract and studying each case by case.




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