How do you change managers in a food business?

When the manager, president or general manager of a hotel, café or restaurant changes, several specific procedures are required.

The decision to change legal representative

Depending on the company's statutes, it will be necessary to take a decision by a body of the company. Thus, it will generally be appropriate to draw up minutes of an ordinary general meeting providing for the revocation or the taking of notice of the departure of the former manager and the appointment of the new manager (or president or chief executive officer).

The conditions to be the manager of a Food Business

To be the manager of a food business, there are no longer any nationality requirements. Indeed, there are no specific conditions relating to the person of the president or manager (apart from the classic conditions of residence permit, majority, capacity...).

However, it will be necessary to ensure that the various licenses (Licence IV, restaurant) are always held by persons present in the company and having, where applicable, an operating permit. In addition, it is also important to ensure that a restaurant operator has completed the mandatory hygiene training.

The modification of licenses and approvals

Once a new manager is appointed, you will have to go to the prefecture to change the license (restaurant, restricted license or license IV). Moreover, even if the license is not carried by the new manager, the license must be updated.

It will be requested when the file is submitted to the Business Formalities Center.

The K-bis update

As a final step, it will be necessary to update the company's K-bis.

To do this, you should go to the Business Formalities Center (CFE). The file to be submitted includes the following documents:

1. An M3 form;
2. The minutes of the decision to change the president;
3. A certificate of legal publication (procedure to be done on a legal advertising site);
4. A declaration of non-conviction signed by the new manager/president;
5. A power to carry out formalities (if the formality is not done by the new president);
6. A copy of the passport of the new manager/president.
7. A check payable to the registry for the applicable amount (different depending on the registry);
8. The copy of the current license receipt of the change of the president/manager.

If you have any questions about changing a manager, or a president, in a Food Business our expert lawyers are there to assist you.

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