At the end of a two years period, the status “mise en sommeil” has to be concluded.
This can be done either by resuming your previous activity, taking back your company but change its main activity, selling the company or liquidating it. The most common ways, however, are either to resume the activity previous to the “mise en sommeil” or to definitively radiate the company.
How to end the “mise en sommeil” for an individual enterprise?
In case of being an individual enterprise, the procedure to resume you previous activity or to retake your company but carrying out a different activity consists of:
- The registry of a modification inscription by the director of the company or an entitled person in the corresponding CFE.
- A P2 form dully completed stating all the modifications that have been done in the company.
- The amount to be paid for such modification, comprising the registry rates, VAT, the re-inscription of your trademark in the French institute of intellectual property, and the BODACC publication. All this costs a total amount of 104,34 €.
However, if you prefer to definitively stop your activity and liquidate your company, you’ll need a P4 form to declare its radiation. This form has to be submitted by the director to the CFE, and the procedure is free.
How to end the “mise en sommeil” for the rest of companies?
For companies with more than one associate, the process and costs are slightly different. Whether you plan on resuming your activity or liquidating the company, the only form to be used is the M2, used for any modification of a legal entity. The costs in each case are 190,24 € and 205,50 € respectively.
As in the case of an individual enterprise, the form dully completed has to be sent to the CFE by the director or an authorised person. The rates mentioned above also include the registry, VAT, the re-inscription of your trademark, and the publication made by the Commercial Court in the BODACC.
In the case of a dissolution, however, the legal entity has to declare its decision to the enterprise tax service (known as SIE in France), which entails some additional charges, as they take care of publishing in a journal of legal announces the decision of ending the company.
Conclusion
At the end of this period of temporary suspension of the professional activity, if no action is taken, the company will be automatically radiated. The Commercial Court by means of a legal procedure, which, in general, is more expensive than a voluntary liquidation can decide to put an end to your enterprise.
The decision to radiate the company is, however, communicated to the director through a certified letter, which will be sent to the registered address of the company, so it’s imperative to conserve such address.
It’s possible to revoke the decision if demanded within six months after having received it, so it’s important for you to pay attention.