How to Obtain a Certificate of Capacity?
To obtain a legal capacity certificate, the company director must submit various supporting documents (particularly concerning the represented company), enabling the notary to confirm the director’s authority to legally bind the company.
Typically, the certificate of capacity is issued for one or more specific commitments the company director intends to make on behalf of their company. The certificate often takes the form of a statement signed by the notary (who also applies their official stamp or seal) within the document where the legal representative of the company undertakes this (or these) commitment(s).
To issue the certificate of capacity, the public notary provides the company director with a list of required information and documents beforehand. The required elements may vary depending on the type of certification and the specifics of the intended transaction. However, some documents are systematically required, such as:
- The company director’s identification document,
- The company’s K-bis extract (dated within the last 3 months),
- The company’s articles of incorporation,
- The minutes of the director’s appointment (if the appointment is not specified in the articles of incorporation).
Depending on the type of document provided, an original may be requested, or a certified true copy.
The time required to issue a certificate of capacity depends on the complexity of the transaction and the extent of verifications to be conducted by the certifying public notary. To expedite the certification process, the director is advised to send a digital copy of the supporting documents via email.
For businesses and professionals (lawyers, banks, insurance companies, multinational corporations, etc.) who cannot visit our office and/or for transactions requiring one or more certifications during business meetings, a public notary from the firm can travel to conduct the necessary certifications.
The notarial office Chassaint & Cerclé Notaires in Paris (France) assists professionals (entrepreneurs or companies) in completing the necessary steps for obtaining a certificate of capacity for a company director. For more information, click here.
