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National reference metadata

France

Reference metadata describe statistical concepts and methodologies used for the collection and generation of data. They provide information on data quality and, since they are strongly content-oriented, assist users in interpreting the data. Reference metadata, unlike structural metadata, can be decoupled from the data.

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Business registration and bankruptcy

National Reference Metadata in Euro SDMX Metadata Structure (ESMS)

Compiling agency: INSEE - French National Statistics Institute - Business Statistics Directorate

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Business demography statistics track the evolution of registrations and bankruptcies in the main sectors of activity. As such, they provide useful information to monitor the business cycle, at national level as well as at regional and departmental level.

 

Two indicators on business demography are sent to Eurostat under the EBS regulation :

- Business registrations : quarterly numbers of business registrations ;

- Bankruptcies : quarterly numbers of business bankruptcies.

 

Since mid-2022, monthly numbers of business registrations and of business bankruptcies have also been sent each month to Eurostat, on a volontary basis.

14 June 2024

1-Registrations

The registrations series is based on data from the SIRENE directory, which is the national administrative business register. Any natural or legal person is registered in the directory when it first makes a declaration of starting up a business and receives a unique identification number. Registration data from Sirene are enriched with elements from the SIRUS statistical register, which, inter alia, enables to determine whether the business is a market producer. Given the specificities of the SIRENE directory, the concept of business creation which is taken into account in the series of registrations corresponds to the appearance of an operating legal unit with no predecessor. It covers the following cases:

- Business start-ups corresponding to the creation of new means of production (there is a new registration with SIRENE);

- Cases where the entrepreneur (in general we are dealing with individual entrepreneurs) resumes an activity after a break of more than a year (there is no new registration with SIRENE and he takes the old SIRENE number);

- Cases where the entrepreneur resumes an activity after an interruption of less than one year but with a change of activity;

- When a new business takes over all or part of the activity and means of production of another business (there is a new registration with SIRENE) if there is no continuity of the business which is taken over.

 

There is considered to be no continuity of the unit if, of the following three elements regarding the headquarters of the unit, two are changed after the takeover: the legal entity controlling the unit, economic activity or location.

 

Since data relative to January 2009, following the enforcement of “auto-entrepreneur” status (renamed “micro-entrepreneur” since December 19, 2014), business registrations statistics include the registrations recorded in Sirene under this status.

 

2-Bankruptcies

The failure of a business is characterised by the cessation of payments. In judicial terms, this situation is defined by the impossibility of meeting current liabilities with available assets. In this case, either a company recovery or a compulsory winding up procedure is opened. The enterprise bankruptcy statistics cover all these judgments. The outcome of the company recovery procedure is taken into account as follows: in case of liquidation, there is no change in the state of cessation of payments and this is not considered as a new bankruptcy; in case of settlement by continuation or resumption, if the company is later on again in a state of cessation of payments, a new bankruptcy is counted.

Legal unit for both registrations and bankruptcies.

1-Registrations

The statistical population covered by registrations includes all companies, natural persons or legal entities, which are market producers, i.e. businesses selling goods or services at an economically significant price and producing goods or services. Registrations statistics cover NACE Sections B to N (industry, construction, trade and services), and P to R (education, health) and divisions S95 and S96 (household related and other services).

2-Bankruptcies

Collective proceedings concern legal persons under private law, traders, craftsmen, farmers, but also persons exercising an independent professional activity, "including a liberal profession subject to a legislative or regulatory status or whose title is protected". It is also applied by civil courts to associations.
Collective proceedings are opened by a judgment of the Commercial Court or the High Court, depending on the status of the debtor. Information is collected either automatically from the commercial courts or via the "Bulletin officiel d'annonces civiles et commerciales" (Bodacc).

As registrations statistics, quarterly statistics on bankruptcies cover NACE Sections B to N, P to R and divisions S95 and S96.

The statistics on registrations and bankruptcies cover the French national territory, including Corsica and overseas departments (Guadeloupe, French Guyana, Martinique, Mayotte and Réunion). Ultra-peripheral departments are excluded, although bankruptcies statistics include Saint Pierre and Miquelon.

The quarterly registrations and bankruptcies statistics compiled represent the whole calendar quarter. The registration date taken into account is the processing date by the SIRUS register. The date of recording of business bankruptcies is the date of judgment.

Registrations and bankruptcies statistics rely on administrative records. Those records are deemed exhaustive. Inaccuracy can therefore come from:

- Errors in records (in the SIRENE directory for instance);

- Inadequate statistical treatments (for instance to determine if the business is a market producer or not).

Since 1st January 2023, formalities for registering a business in France must be carried out on the electronic “one-stop shop” for business formalities. This major change weakened the monthly monitoring of business births in 2023. However, the effect of this change on the measurement of the amount of business births in 2023 is limited overall. Further information about this change is available on Insee’s website.

Absolute values (“pure number” of registrations or bankruptcies) for both registrations and bankruptcies.

1-Registrations

 

The compilation process includes:

- Determining if the business registrations belongs to the target field (for example if it is a market producer);

- Determining the corresponding demographic event;

- Computing the aggregates, per sector, region/department or legal form.

 

2-Bankruptcies

 

In Banque de France, the data collection process for Bankruptcies statistics is the following:

- A specific process determines Bankruptcies through the information of court ruling and corresponding descriptive information

- A filter is applied to identify only the non-financial companies

- A specific process aggregates data using dedicated computer applications per sector, region/department or legal form

1-Registrations

 

Business registrations derive from the SIRENE directory, which is supplemented by elements (scope, …) from the SIRUS statistical register.

 

2-Bankruptcies

 

The main source for bankruptcies statistics is the Commercial Courts. However, as regards the Courts of First Instance as well as the cases from Alsace and Moselle, the information is collected from the "Bulletin officiel d'annonces civiles et commerciales" (BODACC).

Transmission of quarterly data on registrations and bankruptcies to Eurostat, under the EBS regulation. Monthly data have also been transmitted to Eurostat since mid-2022. Since 2024, quarterly data have no longer been delivered to Eurostat, as they can be derived from monthly data.

Monthly dissemination for both registrations and bankruptcies on the INSEE and Banque de France website. Weekly bankruptcies statistics are also disseminated by Banque de France.

Monthly business demography statistics at M+40. Quaterly business demography statistics were sent to Eurostat at T+40.

The first statistics on registrations and bankruptcies are released monthly, by INSEE and Banque de France, about two weeks after the reference month. Thus, these statistics are among the most early economic cycle monitoring indicators.

The definition is the same for the whole national territory (France, including overseas departments).

1-Registrations

 

Since the beginning of 2022, business registrations have been calculated according to a new scheme. All the series (including departmental and regional series) have been backcast since 2012 and the national series by sector since 2000. Therefore, there should not be any breaks, due to this new scheme, in the series, including in the monthly and quarterly business registrations series sent to Eurostat.

Since 1st January 2023, formalities for registering a business must be carried out on the electronic “one-stop shop” for business formalities. This major change weakened the monthly monitoring of business births in 2023. Therefore, the variations in business registrations compared to 2023 should be interpreted with great caution.

 

2-Bankruptcies

 

Bankruptcies series start from 1990. However the Law n°2005-845 of 26 July 2005 on business protection extended all collective proceedings to natural persons exercising an independent professional activity, including a liberal profession subject to a legislative or regulatory status or whose title is protected. Collective proceedings in favour of or against such persons fall under the exclusive jurisdiction of the Court of First Instance.