Axiocap is a SaaS platform providing an IT solution that meets the requirements of Decree no. 2018-1226 of December 24, 2018 concerning the dematerialization of securities and the ledger of securities movements (RMT), and Decree no. 2019-1118 of October 31, 2019 concerning the dematerialization of minutes and ledgers of meetings.
The Axiocap solution complies with current legislation.
Our teams monitor legal developments on a daily basis.
The functionalities offered by Axiocap concern:
All non-trading companies:
- Société civile immobilière (SCI)
- Société civile d'attribution (SCIA)
- Société civile professionnelle (SCP)
- Société civile de construction vente (SCCV)
- Société civile de moyens (SCM)
All trading companies:
- Société anonyme (SA)
- Société par actions simplifiée (SAS)
- Société par actions simplifiées unipersonnelle (SASU)
- Sociétés en nom collectif (SNC)
- Sociétés en commandite simple ou par actions (SCS ou SCA)
- Sociétés (ou entreprise unipersonnelle) à responsabilité limitée (SARL ou EURL)
As well as private practice companies and associations.
You can reach our support experts at any time by e-mail, or by telephone from 9am to 12pm and 2pm to 5pm, Monday to Friday.
All contact details are available in your customer account on the Axiocap platform.
If you wish to leave the solution, simply send your request by e-mail to support@axiocap.com
The solution allows the automatic creation of:
- Securities movement ledger,
- Ledgers of all types of deliberative meetings,
- Shareholder accounts,
- Movement orders,
- Securities movement certificate,
- Cerfa 2759-SD,
- Kbis.
The numbering of the sheets prevents deletion and intercalation.
As for the initials, they make substitution difficult.
The certificate stating the inscription of the book on the held ledger gives certain date to the accomplishment of all formalities.
The clerk of the commercial court is in a better position to assess whether or not the ledger should be initialed because of his practice of the text on companies;
On the other hand, the ledgers of meetings or boards are very generally presented to the clerk of the commercial court, insofar as traders and commercial companies can already present their accounting books there. The procedure can therefore be simultaneous;
Finally, since the 1983 reform, the commercial registries have had to equip themselves to provide a rapid service for the initialling of all company ledgers.
Dematerialization undeniably saves time and money with easy and automated management, data security and optimal storage (e.g. use of a highly secure digital safe).
Moreover, it is a collaborative tool that also simplifies business processes.
Dematerialization is also part of an ecological dimension. Indeed, the use of dematerialization helps to reduce the use of paper, travel induced by legal procedures as well as the space required for their storage.
Decree No. 2019-1118 of October 31, 2019 created the legal framework for the dematerialized ledger. This decree updated the articles of the Commercial Code relating to ledgers. The latter can now be kept "in electronic form".
All ledgers provided for by the decree n°2019-1118 of October 31, 2019 are supported by the solution. The number of ledgers created is unlimited.
The number of shareholders is unlimited.
The number of movements is unlimited.
Regarding specific technical developments and white label developments, everything is possible, in consultation with our technical teams.
Yes, Axiocap offers a tailor-made service that enables you to dematerialize all your existing ledgers, with a carbon copy of the paper originals.
The Solution features an eDocGroup-certified secure digital safe, in accordance with the NF Logiciel Certification Rules and ISO/CEI 25051: 2014.
This digital safe complies with the specific requirements concerning Digital Safe Components (CCFN) in Part 10 of the NF Logiciel Certification Rules.
The Axiocap Solution and the data stored in it are stored in France and the EU, on servers based in mainland France, with French service providers (OVH and Orange).
The data recorded on blockchain is encrypted and only authorized persons at Axiocap can access it.
At any time, you can export your data in various formats (CSV, PDF, SQL...). Everything is organized contractually: if you wish to leave us, for whatever reason, you can retrieve your data in PDF and/or CSV format. These will then be deleted from the Axiocap servers.
Axiocap applies the key principles of the RGPD. Thus, data reversibility can be carried out following a request formulated by the customer and transmitted to the Support team. All data from the companies concerned is then restored in a usable format and forwarded to the customer.
The above-mentioned legal ledgers can be kept and minutes drawn up in electronic form. In this case, as provided for in the French Commercial Code, the minutes are signed using an electronic signature that meets at least the requirements for an advanced electronic signature set out in Article 26 of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014 on electronic identification and trust services for electronic transactions within the internal market. The minutes are electronically dated by a time-stamping means offering every guarantee of proof.
The solution proposed by Axiocap meets the above requirements with a high guarantee of data security.
The reliable copy, in accordance with Article 1379 of the Civil Code, has the same probative force as an original, if it complies with time-stamping conditions in line with Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014 on electronic identification and trust services for electronic transactions within the internal market.These copies must be kept "under conditions that prevent any alteration of its form or content" (Dec. n°2016-1673 of December 5, 2016, Art. 4), a condition met through the use of qualified time-stamping.
Axiocap therefore offers an eIDAS-compliant time-stamping process, through its digital safe (CCFN), and the use of advanced electronic signature.
If the originals have been time-stamped and are kept in a secure environment, you can delete them and switch to digital copies.
Indeed, Article 1379 states that "If the original survives, its presentation may always be required." A contrario, therefore, if it does not survive, it does not have to be presented.
Axiocap offers a solution that no longer requires the signature and initials. In addition, to reinforce legal security, Infogreffe integrates its signature and initials into this service.
The migration service offered by Axiocap enables the entire history of movements and registers to be reproduced, in a manner faithful to the paper version.
Blockchain is now a tried and tested technology for the registration, issuance and transmission of financial securities. Reputed to be tamper-proof, article L211-3 of the CMF (French Financial Market Code) allows financial securities to be registered in a DEEP (Dispositif Électronique d'Enregistrement Partagé, or "blockchain"), which has the same legal value as a book-entry.
The blockchain chosen by Axiocap is a private blockchain. Find out more here.
Each transaction is assigned an electronic identification known as a "cryptographic hash". It is this alphanumeric sequence that gives the transaction a proof opposable in court.
Generally speaking, companies keep a single ledger for securities.
However, some companies or securities managers have a practice of keeping separate ledgers depending on the nature of the securities (shares, bonds, vouchers, etc).
The Axiocap solution allows both options. It's up to the user to choose how he wishes to organize his securities accounting.
If you have made a mistake when making a security transaction, and it is not yet anchored in blockchain, you can modify or cancel it.
If the transaction is already anchored in the blockchain, you can simply make an "undo" transaction, also anchored in the blockchain, which will undo the transaction error. You can then make a new transaction.
The DEEP can be defined as " an innovative computer technology that allows participants in a network to validate exchanges and transactions between several participants by consensus without involving a central body ".
The blockchain is a method of recording continuously produced data in the form of blocks linked to each other in the chronological order of their validation, each of the blocks and their sequence being protected against any modification (See Code monétaire et financier : art. L.54-10-1 et seq., art. L.211-3 et seq. and L.223-12, R211-9-7).
It should be noted that the DEEP uses blockchain technology.
This is the responsibility of the corporate or legal officer.
Yes, transactions must be recorded in the Electronic Shared Recording Device (ESRD) - more commonly known as the blockchain.
When the transaction is validated, it is "pre-anchored" by default. It is then in draft form. It is therefore possible to modify it directly. For a transaction anchored in the blockchain, you just have to do the opposite with the mention "cancellation" to put the accounts back in their initial state.
Movements anchored in blockchain are in essence unalterable. For non-anchored movements, or ledgers that depend on the decree n°2019-1118, we perform data backups every 12 hours (at noon and at midnight). This server is also replicated once.
Whether it's a corporate meeting or for an association, the process is generally the same.
It is divided into 3 stages:
- Convocation of participants;
- Conduct of the meeting;
- Drafting of minutes.
This is the most conventional route, but certain statutory provisions may decide otherwise.
The solution offered by Axiocap enables you to hold your meetings securely and in compliance with applicable legislation online.
Proxies can be managed prior to the meeting. The proxy holder will receive the voting link, and will be able to vote in place of the absent shareholder. An electronic signature of the partner giving the proxy will be affixed to a proxy form generated automatically by Axiocap.
The Axiocap solution can provide access to statistics (people present, number of votes cast, etc.). However, it will not decide on the validity of the vote, as this is the responsibility of the company's representative.
We invite you to consult the legal provisions specific to each corporate form and to see if provisions are made in your articles of association.
To learn more, you can refer to our legal summaries on electronic convening and online voting.
If the law imposes a statutory provision to dematerialize the holding of your meetings, you will have to consider modifying your statutes in this sense. You will also have to obtain the prior consent of the partners/shareholders in certain companies.
A little tip: Consider including a clause in your articles of association providing for the dematerialization of your meetings when you are already making a change to your articles of association for another reason. This way, you will not have to make two separate amendments to the articles of association.
The Online Meetings module is suitable for associations under the French law of 1901, free trade associations (ASL) and professional unions.
However, it is the responsibility of the entity to ensure that holding online meetings is authorized for the form to which it belongs and to check its statutes carefully.
Votes based on the principle of 1 man = 1 vote with a weighting by college can be managed in the Online Meetings module. The weighting must either be indicated at the start with a calculation of the voting rights per participant taking into account the weighting of the college to which he belongs or be restated at the end.
The shareholder can change his declaration of presence at any time by reopening the notice of meeting as long as the voting has not started, and he can still give his proxy.
On his side, the administrator of the meeting can also indicate himself that the shareholder is absent and if the shareholder has requested it, a representative can be added by the administrator to vote on his behalf.
The Online Assemblies module is designed to manage an online assembly or meeting from A to Z. A drafting tool is integrated into the module, enabling you to draft your document directly on Axiocap. It is therefore not possible to integrate a PDF document on which the vote will be taken.
The attachments to the invitation must be submitted in PDF format.
Notices sent by email are free of charge, while notices sent by electronic registered mail (ERM) and electronic registered letter (ERL) require the purchase of credits as we have integrated AR24 into our solution.
AR24 is a certified service provider of reference in the field of dematerialized shipments, which guarantees that you will obtain legal proof for each dematerialized shipment.
If you wish to send invitations by ERE, you will be able to configure your account without delay and send your invitations.
If you wish to send invitations by LRE, you will need to anticipate the receipt of an authentication mail including a key to be entered on the Axiocap interface to complete the configuration.
Data is kept for the entire duration of the contractual relationship, with the exception of legal evidence, which is kept indefinitely (anchored in blockchain and time-stamped decision registers). The data is hosted on a European sovereign cloud.
The Meetings module can be fully translated into English for the administrator (the one who prepares and manages the meeting) and for the meeting participants.
