Establishment in France: tailor-made support for foreign companies
Setting up in France means navigating a specific legal, fiscal and regulatory environment. Aknin Avocats assists foreign companies (American, British, British, Italian, Brazilian) in all stages of their establishment on the French market.
Choice of legal structure
The first decision is often the most structuring: what legal form should be adopted to set up in France?
- Subsidiary (SAS, SARL) : autonomous structure, own capital, limited liability. The most frequent solution for a sustainable establishment
- Branch : direct extension of the foreign company, with no distinct legal personality. Simpler to create, but without separating assets
- Representative office : light presence, with no commercial activity of its own, to test the market
The choice depends on the level of activity envisaged, the fiscal challenges and the long-term strategy.
Creation and formalities
The firm manages all the procedures from start to finish:
- Drafting and signing of statutes
- Capital deposit and matriculation at the RCS
- Appointment of directors and legal representation formalities
- Setting up first contracts : work, performance, distribution
- Compliance with French legal obligations from the moment of opening
Local contracts and compliance
Successful implementation requires contracts adapted to French law:
- Commercial contracts : service provision, distribution, partnership
- Employment contracts : CDI, CDD, non-competition and confidentiality clauses
- RGPD compliance and protection of personal data
- Intellectual property : brand protection, transfer of rights
A bilingual firm, an international network
The firm operates in French and English and relies on a network of international correspondents to coordinate the cross-border aspects of each location. He has supported American, British, Italian and Brazilian companies in setting up on the French market.
Setting up in France without local advice means exposing yourself to structural errors whose consequences often turn out to be too late.
What is the difference between a subsidiary and a branch?
The subsidiary is a separate company, with its own legal personality and its own capital; its liability is in principle limited. The branch is a direct extension of the foreign company, without legal autonomy. Responsibility for its debts goes back to the parent company. The subsidiary is generally preferred for a sustainable establishment.
Does the firm work in English?
Yes. Aknin Avocats operates in French and English as part of its missions for foreign companies. Legal documentation (statutes, contracts, correspondence) can be written and transmitted in both languages according to the needs of the client.
What are the deadlines for creating a company in France?
The creation of a SAS or an SARL in France generally takes 1 to 3 weeks depending on the complexity of the statutes and the responsiveness of the parties. Depositing capital and registering with the Trade and Companies Register are the most structuring steps.
Is it necessary to have a manager residing in France?
No, it is not a legal requirement. A non-resident foreign manager can manage a French company. However, some regulated activities may impose specific residency or authorization conditions. The firm checks these constraints on a case-by-case basis.
Does the firm support companies after they set up shop?
Yes. Beyond the creation formalities, the firm can ensure continuous legal follow-up via an outsourced legal management mission, to support the company in its first years of activity in France: contracts, HR, compliance, compliance, commercial development.
Choice of structure, creation of a subsidiary, local contracts, regulatory compliance. The firm shares its analyses on the establishment of foreign companies in France, with a focus on the practical challenges faced by American, British and European groups.
