Section 3: The status of the sole trader

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Article D526-30

French Commercial codeIn force

Updated 5 Nov 2023

I.-The transferor, donor or contributor shall publish, at his own expense, the universal transfer of business assets provided for in article L. 526-27, in the form of a notice in the Bulletin officiel des annonces civiles et commerciales or an announcement in a medium authorised to receive legal announcements in the department in which the business is carried on, no later than one month after it is completed.

This notice or announcement contains the following information:

1° In the case of the transferor, donor or contributor: name at birth, surname in use, forenames, where applicable trade or professional name, professional activity or activities carried out, as well as the numbers and codes characterising this activity or these activities referred to in 1° to 3° of article R. 123-223, the address of the principal place of business or, in the absence of a place of business, the address of the residential premises where the business is established and the unique identification number of the business issued in accordance with article D. 123-235;

In the case of the transferee, the name of the business or the professional activities carried out, as well as the numbers and codes identifying the business or activities referred to in 2° In the case of the transferee, donee or beneficiary of the contribution: the name at birth, surname in use, forenames, if applicable trade or professional name, the address of the principal place of business or, if there is no place of business, the address of the residential premises where the business is located, if applicable, the company name or name followed by the acronym, the form, the address of the registered office, the amount of the capital and the unique identification number of the business issued in accordance with article D. 123-235 and, where applicable, the numbers and codes characterising the professional activity or activities carried out as referred to in 1° to 3° of article R. 123-223.

II. II -The notice or announcement referred to in I must be accompanied by a description of the assets, rights, obligations or securities making up the business assets, as shown in the last financial year for which the accounts have been closed and updated to the date of the transfer, or, for sole traders who are not subject to accounting obligations, to the date resulting from the agreement of the parties.

The description must be drawn up in the same language as the notice or announcement. The descriptive statement is drawn up in the form laid down by order of the minister responsible for the economy.

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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