Subsection 1: General provisions applicable to companies established in France

Articles in this section · 16

Article R123-4

French Commercial codeIn force

Updated 6 Nov 2023

I.-The declarations referred to in 1° of I of article R. 123-1 include the information essential for the recipient bodies to exercise their prerogatives or for registration in the registers or business register. This includes the following information:



1° In the case of company start-ups:



a) The name, surname, forenames and nationality of the person making the declaration in the case of natural persons, and the company name in the case of legal persons;


> b) The legal form of the company. b) The legal form of the company;


> c) The registered office of the company. c) The registered office of the company, the domicile of the declarant or the address of the establishment;


d) The telephone number and, if available, the e-mail address of the declarant;


> e) The purpose of the form e) The purpose of the formality;



f) The activity or activities carried out by the company in each of its establishments, specifying the main activity of the company and of each of its establishments;


> g) The existence of employees in each of the establishments, specifying the main activity of the company and of each of its establishments;


h) The number of employees in each establishment g) The existence of employees in the company or establishment and, where applicable, their number;


> h) The effective date of the contract of employment and, where applicable, the number of employees. h) The effective date of the event covered by the formality;


> i) The date and place of birth of the person concerned i) The date and place of birth of the declarants who are natural persons;



j) If available, the social security number of the natural person declaring the activity;


> k) The existence of activities on the territory of the Company k) The existence of activities carried out simultaneously with the activity that is the subject of the declaration and, where applicable, the designation of these activities as well as an indication of the register or directory of companies in which they are registered and the social security system to which they are attached;


> l) The nature of the management of the business by the natural person making the declaration l) The nature of the management, where the business is a limited liability company;


> m) Whether or not the business is run by a limited liability company;


n) Whether or not the business is run by a limited liability company m) Whether or not the business owner's spouse is regularly employed in the business and the status chosen by the latter in this respect, as well as, in the case of regular employment, the name, surname, forenames, nationality and place of residence of this spouse;



2° For changes in the company's situation and for its cessation of activity:


a) The name, surname, forename, nationality and place of residence of the spouse of the person concerned a) The name, surname, forenames, pseudonym and social security number of the declarant in the case of natural persons, and the company name or business name in the case of legal persons;


b) The telephone number and, if applicable, the e-mail address of the declarant. b) The telephone number and, if available, the e-mail address of the declarant;


> c) The unique identification number of the declarant. c) The company's unique identification number and, where applicable, the name of the town where the registry office where it is registered is located, or the regional chamber of trades and crafts responsible for checking its registration as a company in the trades and crafts sector in the National Register of Companies;


d) The purpose of the form to be completed. d) The purpose of the formality and the effective date of the event justifying it;


> e) In the case of an amending declaration, the date on which the formality is required. e) In the case of an amending declaration stating that the spouse of the company director is regularly employed by the company, the status chosen by the spouse in this capacity, together with the spouse's surname, customary surname, first names, nationality and place of residence;


The single body does not transmit the form to the company director. The single body will not forward declarations that do not comply with the above conditions. It cannot assess the validity of such declarations. It shall inform the declarant without delay of any refusal to transmit, stating the reasons, in accordance with the conditions laid down in Article R. 123-6.


The single body will consult the national register of the identification of natural persons in order to confirm, for the natural persons registered, that the information declared is identical to that contained in this register.

The result of this consultation will be communicated to the recipient bodies mentioned in the order provided for in article R. 123-16.


> II. II-Applications for the authorisations referred to in 2° of I of article R. 123-1 include the identity of the applicant and the purpose of the application.


The single body does not forward applications for the authorisations referred to in 2° of I of article R. 123-1. The single body does not forward applications for authorisation that do not comply with the conditions listed above. It cannot assess whether the application is well-founded. It shall inform the applicant without delay of any refusal to transmit, giving reasons, in accordance with the conditions laid down in article R. 123-6.


The single body shall query the register of applications for authorisation in accordance with the conditions laid down in article R. 123-6. The single body will consult the national register of the identification of natural persons in order to confirm, for the natural persons registered, that the information declared is identical to that contained in this register.

The result of this consultation will be brought to the attention of the recipient bodies mentioned in the order provided for in Article R. 123-16.

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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