where are we with access to information?
Regardless of the sector in which a company operates, some of its information remains openly accessible and is free. Accounting balance sheet, identity of partners or even beneficial owners, we take stock of these elements which are gradually becoming accessible to all.
Access to information becomes easier
Until now, accessing certain information such as trademark registrations, the HE Tuber or any other document remained complex. The general public or competing companies had to go to the registry of the commercial court to which a company depends, in order to obtain them. At the same time, sites offered access to it for payment.
But, since the Macron law of August 6, 2015, access to the register has become free and unrestricted. The remaining objective for the Ministry of Economy and Finance is to increase the volume of business.
FREE CONSULTATION VIA LEGAL SERVICE COMPANIES
Legal services companies tend to offer free consultation of certain information, having obtained a license authorizing it from the (INPI). In addition to these private players, the INPI now provides access to more than 40 million data on companies through its platform. As a follow-up, the implementation of the national register of companies planned for January 3, 2023 will complete the freely accessible information. If transparency is a term that increasingly takes up space, the dissemination of certain personal data tends to pose a problem for some and the National Commission for Information Technology and Liberties (CNIL) has also been contacted.
What about partial or total confidentiality?
While access to corporate legal information has advanced in recent years, there are ever more companies requesting partial or total confidentiality of their accounts. In this case, only the judicial authorities, the Bank of France or even administrations have a view on this information. But be careful, this option is only valid for companies meeting these three conditions:
Have fewer than 50 employees.
Achieve less than 8 million euros in turnover.
Carry out less than 4 million euros of total property.
This therefore concerns a large number of French companies, although more than 2 million companies with company and EIRL status are required to publish their annual accounts.
THE KBIS EXTRACT, AN EXCEPTION WHICH CONFIRMS THE RULE
However, obtaining a Kbis document, although made easier, still requires payment. This is a document proving the legal existence of a micro-enterprise operating in the commercial sector. It is this document which allows entrepreneurs to carry out certain procedures, and which can also be consulted by everyone. Its price depends on the withdrawal method chosen:
2.69 euros for withdrawal from the commercial court registry.
4.18 euros for any sending by mail.
3.37 euros for automated transmission, whether downloading via the personal space or sending an email.
If transparency is a way of legitimizing, certain information is therefore more easily obtained than others, not all of which is free.
