Subsection 1: Provisions common to all companies

Articles in this section · 4

Article R822-41

French Commercial codeIn force

Updated 4 Nov 2023

The application for registration of a company shall be submitted collectively by the partners and addressed to the High Council under the conditions provided for in articles R. 822-8 to R. 822-11.

The following must be attached:

1° A copy of the articles of association;

2° A request from each partner asking for the company to be registered;

3° A list of shareholders or partners specifying for each of them: surname, first names, domicile, registration on the list of statutory auditors, and the number of voting rights that the shareholders or members hold;

4° A list of the persons who are members of the company's management, executive, administrative or supervisory bodies. Statutory auditors who are members of the management, executive, administrative or supervisory bodies shall produce proof of their registration on the list of statutory auditors;

However, in the event of an application for registration by a company concurrently with an application for registration by a statutory auditor referred to in this paragraph, the latter shall attach proof of his application for registration. When ruling on the company's application for registration, the High Council shall verify that all the statutory auditors referred to in this paragraph have been registered;

5° A certificate from the clerk of the commercial court of the place of the registered office stating that the application and the documents required for the company's subsequent registration in the register of companies have been filed with the clerk's office.

The High Council shall also verify that the company's application for registration has been approved by the clerk of the commercial court of the place of the registered office.
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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