Preliminary section: Business formalities centres

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Article A123-6

French Commercial codeIn force

Updated 4 Nov 2023

The declarations relating to the company and its establishments, referred to in 1° of I of article R. 123-1 and which must be filed by the declarant with the single body in order to be forwarded to the administrations, persons or bodies to which these formalities are addressed, according to their competence, are:

I.-For natural persons carrying on, in their own name and independently, one or more economic activities:

1. 1 Creation:

-Registration in the national register of companies;

-Main registration in the Trade and Companies Register, the Special Register of Commercial Agents and the Special Register of Sole Proprietorships with Limited Liability;

-Declaration of the status of the spouse, partner linked by a civil solidarity pact or cohabitee who works regularly in the company or business, accompanied by a sworn statement of choice of status drawn up by the person concerned;

Mention of the collaborating spouse in the above-mentioned registers;

-Registration in the national register of companies and establishments;

-Declaration of existence to the tax services of the Directorate General of Public Finances (DGFiP) and indication of the choice of tax regimes, options and tax obligations adopted by the company when it was set up;

-Application for membership of the Unions de recouvrement des cotisations de sécurité sociale et d'allocations familiales (URSSAF), the caisses générales de sécurité sociale, the caisse de prévoyance sociale de Saint-Barthélemy, the caisse de sécurité sociale de Mayotte and the caisse de prévoyance sociale de Saint-Pierre et Miquelon or the caisses départementales ou pluridépartementales de mutualité sociale agricole and any other competent fund;

An indication that the individual is covered by the social security system of the country in question -Indication that the individual is covered by the scheme referred to in Article L. 613-7 of the Social Security Code;

2. Modifications:

Any changes or additions to the information, deeds and documents contained in the registers and directories with which the natural person is registered, and in particular:

-Any additional or secondary registration of establishments in the national register of companies, the trade and companies register, the special register of commercial agents and the special register of sole proprietorships with limited liability, as well as any transfer or closure;

-any change, extension or partial cessation of the activities carried out;

-Any temporary cessation of activity and any resumption of activity after such cessation;

-Any change in the way the business or its establishments are run (management lease, management mandate, continued operation);

-Declaration or change in the status of the spouse, partner in a civil solidarity pact or cohabitee who regularly works in the company or business, accompanied by a sworn statement of the choice of status drawn up by the person concerned;

Addition or removal of the mention of the collaborating spouse in the above-mentioned registers;

3. Permanent cessation of activity, death, where applicable with indication of the continuation of activity, striking off;

II -For legal entities and groups without legal personality carrying on an economic activity:

1. 1 Creation:

-Registration in the national register of companies;

-Main registration in the Trade and Companies Register and in the Special Register of Commercial Agents, including details of beneficial owners;

-Declaration of the status of the spouse, partner linked by a civil solidarity pact or cohabitee who works regularly in the business or operation, accompanied by a sworn statement of choice of status drawn up by the person concerned;

Mention of the collaborating spouse in the above-mentioned registers;

-Registration in the national register of companies and establishments;

-Declaration of existence to the tax services of the Directorate General of Public Finances (DGFiP) and indication of the choice of tax regimes, options and tax obligations adopted by the company when it was set up;

-Application for membership of the Unions de recouvrement des cotisations de sécurité sociale et d'allocations familiales (URSSAF), the caisses générales de sécurité sociale, the caisse de prévoyance sociale de Saint-Barthélemy, the caisse de sécurité sociale de Mayotte and the caisse de prévoyance sociale de Saint-Pierre et Miquelon or the caisses départementales ou pluridépartementales de mutualité sociale agricole and any other relevant fund;

2. Amendments:

Any changes or additions to the information, deeds and documents contained in the registers and directories with which the legal entity is registered, and in particular:

-Any additional or secondary registration of establishments in the national register of companies, the trade and companies register and the special register of commercial agents, as well as any transfer or closure;

-Any change, extension or partial cessation of the activities carried out;

-Any temporary cessation of activity and any resumption of activity after such cessation;

-Any change in the way the company or its establishments are run (management lease, management mandate, continued operation);

-Declaration or change in the manager(s) of the legal entity;

-Declaration or change in the status of the spouse, partner in a civil solidarity pact or cohabitee who regularly works in the company or business, accompanied by a sworn statement of choice of status drawn up by the person concerned;

Addition or removal of the mention of the collaborating spouse in the above-mentioned registers;

3. Definitive cessation of activity, dissolution and liquidation, where applicable, of the legal entity and striking off of the corporate name.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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