Valley International / business
Choosing and forming a French company as a foreign founder
The right company form depends on governance, ownership and the director’s social-security position as well as tax. Decide those points before filing the incorporation documents.
An SAS or its single-shareholder version, the SASU, allows substantial flexibility in governance. An SARL or single-member EURL follows a more prescribed framework. The director’s social-security treatment also differs: a paid SAS president generally falls under the employee-equivalent regime, while an SARL’s majority manager falls under the self-employed regime. A société civile serves a different purpose, such as holding property. Compare these forms against your activity and shareholders, rather than choosing by one tax rate.
What separates them for a foreign founder
- Social protection. Compare contributions and benefits for the remuneration proposed. Employee-equivalent status is not an employment contract and does not itself provide unemployment insurance.
- Governance. Decide who makes decisions, what needs shareholder approval and how a disagreement or departure would be handled.
- Future shareholders. Discuss any planned fundraising with the lawyer so that the share structure and transfer rules accommodate it.
- Activity and assets. A property-holding structure and an operating business have different obligations. Establish what each company will actually do.
The incorporation sequence
Prepare the articles, registered-office evidence and ownership information together. Where a capital deposit is required, an eligible bank or notary provides the deposit certificate. The incorporation notice and documents are then assembled for the INPI portal, including the beneficial-owner declaration where required. Registration produces the company identifiers and relevant register extract. The exact file depends on the legal form and contributions.
Preparing the banking file
Ask the bank or depositary for its document list early, especially when shareholders or directors live abroad. Identity, address and the origin of the capital need to be documented. The provider may also need draft articles, so prepare the legal and banking files together. Opening a French bank account and transferring your money covers the related personal-account questions.
Choosing the registered office
The registered office determines which registry handles the company and which tax office it reports to, and it appears on every document. A domiciliation provider is a legitimate and common solution for a new company, provided it is properly authorised; using an address you do not control, or one whose lease forbids it, produces problems at the first formality.
Where the director’s own home is used, conditions apply and they depend on the lease and on local rules, best settled before signing anything, long before registration. Once the company exists, it carries its own recurring obligations. Company secretarial obligations in France: who handles them sets out what they are and who performs each of them.
Frequently asked questions
SAS or SARL: which should I choose?
Compare governance, shareholder plans, tax and the director’s social-security position together. A paid SAS president and an SARL majority manager generally fall under different social regimes. Have the proposed remuneration and protection costed, then check that the articles support the way you intend to run and finance the business.
What is the slowest part of setting up?
It varies. Capital-deposit checks, missing documents, legal drafting or a regulated activity can each affect the timetable. Obtain the bank or notary’s list early and prepare it with the incorporation file, rather than assuming that one step always takes longest.
Can I use my home address as the registered office?
It can be possible, under conditions relating to the director’s address, lease, building and applicable rules. Domiciling a company and carrying on its activity at home are different questions. A domiciliation provider or separate premises may be alternatives. Check the proposed arrangement before filing.
Do I need to declare who owns the company?
Companies subject to beneficial-owner reporting must identify the relevant individuals and keep the declaration current when reportable information changes. This is not always identical to listing the direct shareholders: indirect ownership and control also matter. Assign the task when preparing incorporation.
ÉTHIQUE ET PATRIMOINE, a French simplified joint-stock company (SAS), registered office at 41 rue Saint-Ferdinand, 75017 Paris, France, Paris Trade Register no. 803 414 796, VAT no. FR 40 803 414 796, registered with ORIAS under number no. 24001817 (www.orias.fr) — Financial investment adviser (CIF) no. 18002418, member of ANACOFI-CIF, a professional association approved by the Autorité des marchés financiers, and Anacofi-Courtage for its brokerage activity. Presence: Paris, Montpellier, London, Singapore, Hong Kong, Bangkok, Shanghai and Dubai.
Review the proposed company structure
Book a callWritten by Stéphane Molère, President of Éthique et Patrimoine — page last reviewed on 2026-09-15 — reference date for the rules: 2026-09-07.