Can a non-resident really set up a company in France ?

Thinking of starting a business in France as a non-resident? France’s vibrant economy and diverse market offer endless opportunities for entrepreneurs. But where do you start? Discover the eligibility criteria, step-by-step process, and legal requirements for setting up a company in France.

Can a non-resident really set up a company in France ?
Setting up a company in France as a non-resident

Are you eligible to set up a business in France?

Before starting your entrepreneurship project, ensure you meet the eligibility criteria to operate in France. Some activities are reserved for French citizens, EU or EEA nationals, or nationals of countries with a reciprocal agreement with France. Certain professions require specific diplomas, professional experience, or administrative authorization.

To determine your eligibility, consider the following factors:

  • Your nationality and residence status
  • The type of business activity you plan to undertake
  • Any relevant qualifications or experience you may have

France is an attractive market for foreign entrepreneurs, but it’s essential to understand the legal and tax requirements to succeed. – Marc Timmermans, Partner, Tax/Corporate

Navigating the administrative process

The procedures differ depending on your nationality and place of residence:

1. EU, EEA, or Swiss Citizens

No special residence permit is required. However, if you plan to live in France, register with the mayor of your city of residence within three months of arrival. This registration is necessary for various administrative purposes, including obtaining a residence permit.

2. Non-French residents willing to live in France

You must first obtain a long-stay visa from the diplomatic and consular authorities in your country of origin. Once in France, you can apply for a temporary residence permit marked “entrepreneur / liberal profession” or a “talent passport”. These permits will be issued subject to conditions, including proof that your project is economically viable.

Important note: If you are already resident in France and hold a certain type of residence permit, you are not affected by these procedures.

3. Foreign non-residents not willing to live in France

If you choose to stay abroad, there are no specific procedures to follow, apart from registering with the Registre du commerce et des sociétés (RCS) or the Répertoire national des métiers (RNM) for tradespeople.

Where to take the necessary steps

To set up a company in France, you’ll need to:

  • Consult the directory of French representations abroad and contact the relevant French consular authorities in your country of residence.
  • Contact the French prefectoral authority in your place of residence to submit your application for a temporary residence permit for professional reasons.
  • Prepare necessary documents, including:
    • Company statutes: outlining your company’s purpose, capital structure, and management structure.
    • Proof of identity and address: for company directors and shareholders.
    • Certificate of deposit: for initial capital.

Choosing the right legal status

Foreign entrepreneurs can choose from various legal forms, including:

  • Sole Proprietorship (Entreprise Individuelle): simplest and fastest option to register, with unlimited liability.
  • Société à Responsabilité Limitée (SARL): ideal for small and medium-sized businesses, offering limited liability.
  • Société par Actions Simplifiée (SAS): flexible structure, popular among startups and larger companies.

Each legal form has its advantages and disadvantages. It’s essential to consider your business needs and goals when choosing the right legal status. For more information on the different types of companies in France, you can consult the official website of the French government. Once you have chosen your business structure, you need to register your business with the relevant authorities. You can do this online through the formalites.entreprises.gouv.fr website.

As a tax and corporate lawyer, I regularly advise foreign companies looking to establish a presence in France. Our goal is to help you build a solid foundation for your business. – Marc Timmermans, Partner, Tax/Corporate

Obtain necessary licenses and permits

To operate a business in France, you’ll need to secure the required licenses and permits. The specific licenses and permits you’ll need depend on the type of business you’re starting. For instance, businesses in the food industry may need to obtain a food safety certificate, while construction companies may need to obtain a building permit. Ensuring you have the required licenses and permits will help you avoid fines and penalties, and will also give you a solid foundation for your business. For more information on the licenses and permits required, you can consult the Chambre de commerce et d’industrie (CCI) website.

Additional requirements and costs

When setting up a company in France, you’ll need to consider the following costs and requirements:

  • Registered office: rent a physical office or use a virtual office service, costing around €200-€500 annually.
  • Banking fees: setting up a business account in France often involves an initial setup fee of €50-€200, with ongoing monthly charges.
  • Compliance costs: ensuring ongoing adherence to French labor and tax laws may require hiring compliance experts.

Start your journey to success in France

In conclusion, setting up a company in France as a non-resident can be a complex process, but with the right information and guidance, it can be a rewarding venture. We’ve covered the key steps to start a business in France, including administrative formalities, legal requirements, and tax benefits. We encourage you to take the first step and explore the opportunities that France has to offer. Don’t hesitate to consult additional resources and professionals in law and finance to help you navigate this process.

Get expert guidance for your business in France

Consider consulting a specialized lawyer to ensure you comply with all requirements and regulations. Our experts at company setting-up can provide you with accurate advice and handle your project with expertise. My French Lawyer will provide you with the best lawyers to handle your project and provide you with accurate advice. If you’re dealing with debt recovery issues, check out our debt recovery services. For tax assistance, whether individual or corporate, visit tax assistance. If you have business and commercial issues, our experts at business and commercial issues are here to help.