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Company formation - France

What are the different types of company that are available to be incorporated?
  • SARL (Société à Responsabilité Limitée) for small companies.
  • SA (Société Anonyme): for both large (even listed) companies and much smaller ones;
  • SAS (Société par Actions Simplifiée): a pretty new type with an expanding future (competing with both SA and SARL).
  • SNC (Société en Nom Collectif): like a partnership
What documents are required to incorporate these companies and what are the other registration requirements? By-laws and regulations and address. Also the deposit of share capital in a bank is required during the incorporation process, and certification by the Directors/Managers, that they have not been dis-barred from acting as directors.


How long (approximately) does this process take from start to finish? About two weeks
What are the capital requirements (minimum amounts, types of capital, limits of shareholders liability) a) Minimum capital
" SARL: 1 Euro - The law sets the minimum capital that must be paid in at registration at 20% of the par value of interest-shares. The remainder of stated capital must be paid in within a maximum period of five years. Capital contribution in cash must be deposited with an approved depository institution as for an SA.
" SA/SAS: €37,000. The minimum capital that must be paid in at registration at 50% of the face value of shares.
" SNC: There is no minimum capital.
b) Limits of shareholders liability
" SARL, SA, SAS: limited liability.
" SNC: unlimited liability shareholders are jointly and severally liable.
" Société Civile: unlimited liability
What is the minimum management requirements (e.g. types of office holder or nationality requirements, etc.)?
  • SARL: 1 Gérant (a Manager) who has to be an individual.
  • SA: 3 Directors (of whom 1 PCA (both Chairman and C.E.O as a minimum); 7 shareholders (4 plus the 3 Directors).
  • SAS: 1 President (can be a company) - Possibility to have a Vice-President also.
  • SNC: 1 Gérant (can be a company).
  • Société Civile: 1 Gérant (can be a company).
  • When of non-European Economic Area nationality, the Chairman (or Directeur General), Director, President or Gérant has to obtain a Carte de séjour temporaire" unless the person is a French resident.
Approximately, what is the local currency cost in relation to formation expenses and taxes? €500 (depending on the type and the capital of the company)
What publicity is required (e.g. filing of accounts, publication of other information)?

Companies except Sociétés Civiles need to publish their annual accounts.
Generally speaking the amount of information that must be disclosed is increasing (especially for SA as welle as SAS).

 

 

 

 

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