Sub-subparagraph 1: Declarations for registration purposes

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Article R123-246

French Commercial codeIn force

Updated 6 Nov 2023

Where applicable, the following shall also be entered in the National Register of Companies, upon declaration by the natural person at the time of registration:

1° For retailers:

a) In the case of a natural person, the existence of a judicial authorisation to operate as a trader under Article L. 121-2;

b) In the case of a legal entity, the existence of a judicial authorisation to operate as a trader under Article L. 121-2 b) In the case of the establishment, the sign;

. c) In the case of the business, the fact that it involves either the creation of a business, the acquisition of an existing business, or a change in the legal status under which it was operated and, in the case of the purchase, auction or division of a business, the title and date of the legal gazette in which the publication required by Article L. 141-12 was published;

For businesses in the retail sector, the name of the business, the name of the retailer, the name of the retailer, the name of the retailer and, in the case of the purchase, auction or division of a business, the title and date of the legal gazette in which the publication required by Article L. 141-12 was published. 2° For companies in the trades and crafts sector, the status of craftsman or artisan d'art provided for in Articles 1st and 2 Decree No. 98-247 of 2 April 1998 on craft qualifications and the trades and crafts sector, as well as the status of master craftsman or master craftsman in a craft provided for in article 3 of this decree;

3° For traders and companies in the trades and crafts sector, an indication, for each of the activities concerned, of the following:

a) In the case of the trade or craft sector, an indication of the trade or craft sector in question. a) As regards the origin of the activity:

iii) In the event of a transfer plan, a statement that the management of the transferred business has been entrusted to the transferee pending completion of the acts necessary to complete the transfer;

. b) With regard to the operating method, in the case of a management mandate, the name, business name, pseudonym, forenames and address of the natural person or the corporate name and registered office address of the legal entity managing the establishment, as well as the information specified in 1° and 2° of article R. 123-237, the start and end dates of the management-agent contract and, where applicable, an indication that the contract is tacitly renewable;

. 4° The itinerant or seasonal nature of the activities carried out and, where applicable, the surface area of the shop(s);

5° The employer status of the company and, where applicable, of each of its establishments.

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

English · French · Russian

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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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