France - Starting a Business

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Procedure

• Check name for uniqueness with the Institut National de la Proprit Industrielle (INPI)

Although it is not legally mandatory to check the proposed company name for uniqueness before registering a company, this procedure is included because legal consequences may follow if this step is omitted. If the name is not checked, the company risks a lawsuit by another company. The name can be checked online. A summary check is free of charge, but fees are charged for copies of trademark filings found. For an optional search of similar trademarks, fees are EUR 40 for three classes and EUR 400 for all classes.

• Deposit the initial capital

Within 8 days of the collection of all funds, the initial capital must be deposited with a notary public, the bank, or the Deposit and Consignment Office (Caisse des Dpt). The initial capital is blocked during the registration period and released upon presentation of a K-bis form.

• Publish a notice of incorporation of the company

This notice must provide the name of the company and its manager (grant), share capital, and registered office. The founder needs only a letter from the legal journal confirming the planned publication. The publication fee is EUR 5.48 (VAT excluded) per line of 40 characters.

• File a request for a companys registration with the Centre de Formalits des Entreprises (CFE)

The Centre de Formalits des Entreprises (CFE) handles all formalities related to the trade register in the court (RCS, Tribunal de Commerce), statistics (INSEE), tax authorities (Centre des Impts), social security (URSSAF), labor (Direction Departemental du Travail et de Lemploi), health insurance (Caisse regionale Dassurance Maladie), unemployment insurance, pension, Employment Pole (Pole Emploi), and similar bodies. This includes the registration of the company bylaws with the tax administration. Company articles of association and bylaws, lease, attestation of receipt of funds, documents concerning the manager, ad hoc forms, evidence of publication, and so forth, must be filed in a single file. After receiving the request, the CFE must process the documents and transfer them to the respective offices and authorities. If the request is incomplete, the CFE has 15 days to return the documents for completion. The CFE automatically enters the information in the Registre Nationale des Entreprise (Rpertoire SIRENE) and obtains identification numbers from the RNE: SIRENE number (Systme Informatique pour le Rpertoire des Entreprises), SIRET number (Systme Informatique pour le Rpertoire des Etablissements), and NAF number (Nomenclature des Activitees Francaises). The SIRET is used, among other things, by the tax authorities. Since the Dutreil Law, the CFE or the Commercial Registry can deliver a receipt for company creation (rcepiss de creation dentreprise) as soon as they have received the documents, so that the company can start operations without having to wait for its RCS number. The principle of electronic company registration was enacted by Law 2003-721 (August 1, 2003) and implemented under Decree No. 2005-77 (February 1, 2005). However, a hard copy file is still required. As of Decree No. 2006-679 of June 9, 2006, the founder has the option to file either with the CFE or directly with the Companies Registry (greffe), which subsequently files the documents with the CFE on the company's behalf. This option is slightly less costly because the CFE service fees are excluded. However, the founder must register the company's bylaws with the tax administration in person.

• Buy company books (minute books, inventory books, ledgers). Have company books stamped and initialed by the clerk of the commercial court

Special accounting company books must be bought from the court or specialized stores. The books have numbered pages or numbered sheets, both of which must be certified by the Commercial Court). If a book with numbered pages is used, the certification is made only once (when the company is incorporated). If numbered sheets are used, the certification must be made for the minutes of shareholders meeting. If an accounting book is used, the certification must be made once each fiscal year. Therefore, for practical reasons books are often used. In theory, it is possible to have an electronic minute book provided that the procedure to draft the document is secured (to avoid document modification once it is drafted). Such a solution is rarely used because a secured procedure has not been clearly defined and the commercial court certification is more complicated in that case. It is possible for the company to acquire the book later, after it starts operation.

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Required Documents

• Certificate of registration
• Identification documents.

Office Locations & Contacts

Business start-up centres (CFEs)

Competent regional offices

Banks in France

Eligibility

All businesses must have a legal form as well, all of which are listed below:

• limited liability company (SARL);
• single owner limited liability company (EURL);
• public limited company (SA);
• simplified joint stock company (SAS);
• general partnership (SNC).

Fees

Explain the fees structure which is required for obtaining the certificate/document.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Guide to setting up a new business

What You Need to Open an Account

Processing Time

Please explain processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications. 
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sevenload, viddler, vimeo, youku, youtube
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Instructions

The law governs independent professions which must comply with strict ethical rules and are subject to inspections by their professional bodies (order, chamber, union). To successfully set up your new business, you must:

• conduct a market study;
• make budget forecasts;
• draw up a financial plan;
• look for finance;
• choose your legal status;
• carry out business registration formalities.

Some standard requirements to be completed when setting up a business are the same as when opening a branch.

Required Information

• Names of owner or partners
• Name/Company
• Street Address
• Zip code and City
• Type of business

Need for the Document

This article is about the process of setting up a business in France.

Please if you are planning to set up a business in France seek professional advice, at the least try to go to an orientation like an Info-Crateurs meeting.

Information which might help

Comprehensive planning is essential for the success of any business in France. Raising adequate external funds can occasionally prove problematic.

Smaller businesses could find securing appropriate and affordable funding both confusing and time consuming.

Although sources of finance may seem scarce and unachievable, obtaining adequate funding for an initial investment should not prove difficult with the help of professional advice and guidance. It all really depends on the size of your business and the amount of funding needed.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

http://www.startbusinessinfrance.com/

http://www.thelocal.fr/20130830/its-easier-to-start-a-business-in-france-than-elsewhere

http://www.frenchentree.com/business-in-france/

http://www.insee.fr/fr/bases-de-donnees/default.asp?page=sirene/liste-CFE.htm

Others

Registration of a new operation must be made at the appropriate CFE. Where to go depends on the nature of the business being started:

• Chambre de Commerce et d'Industrie (CCI):
  • Shopkeepers
  • Commercial companies (EURL, SARL, SA, SAS, SNC) with no "artisanal" component to the business
• Chambre de Mtiers et de l'Artisan:
  • Tradespeople, artisans
  • Companies combining craft and commerce
• Chambre Nationale de la Batellerie Artisanale:
  • Sole traders and companies involved in inland water transportation
• Greffe du Tribunal de Commerce:
  • Non-trading companies and companies with a non-commercial purpose (SCI, SCM, SCP)
  • Industrial and publicly-owned commercial establishments (EPIC)
  • Companies of regulated professionals (SELARL, SELAFA, SELCA)
  • Commercial agents
• URSSAF:
  • Regulated and non-regulated professionals
  • Employers whose company is not registered with the commercial or trade authorities (the Registre du commerce et des Socits or with the Rpertoire des Mtiers).
• Service des Impts des Entreprises:
  • Artists, writers
  • Other activities on the BIC tax rgime not fitting the above (such as rental of furnished property)
• Chambre d'Agriculture:
  • Individuals and companies operating in agricultural activities