Last reviewed October 7, 2026 · By the NYBACS advisory team
Short answer
Yes — a non-resident foreigner or foreign company can own and run a French company, most often a SAS (or single-shareholder SASU) or a SARL. You sign statuts, deposit the share capital, publish a legal notice, then file online through the guichet unique for registration in the RCS, which produces the Kbis extract. There is no French residency requirement for the président or gérant, and the minimum capital can be as low as one euro.
Key takeaways
- The SAS/SASU is the usual choice for foreign-owned startups and subsidiaries because its statuts can be tailored and its président can be a non-resident individual or a company.
- Since 2023 every company formality is filed online through the guichet unique (formalites.entreprises.gouv.fr), operated by INPI; the greffe then registers the company in the RCS.
- The Kbis extract is France's proof of existence; the SIREN/SIRET numbers come from INSEE and the intra-EU TVA number from the company's tax office (SIE).
- Beneficial owners holding more than 25% of capital or votes, or otherwise controlling the company, must be declared at registration.
- The standard corporate tax (IS) rate is 25%, with a 15% reduced rate on the first €42,500 of profit for qualifying SMEs whose capital is at least 75% held by individuals.
France at a glance
| Common entity for foreign owners | SAS or SASU (société par actions simplifiée); SARL or EURL for more rule-bound, smaller businesses |
|---|---|
| Company registry | Registre du commerce et des sociétés (RCS), kept by the greffe of the commercial court; filings go through the INPI-run guichet unique |
| Foreign ownership | Generally 100% permitted; prior screening applies to certain non-EU investments in sensitive sectors |
| Local director / resident requirement | No French residency required for the président (SAS) or gérant (SARL); a manager who moves to France needs a suitable residence permit |
| Registered office (siège social) | Required in France; can be a commercial lease or an approved domiciliation company |
| Key tax registrations | SIREN/SIRET (INSEE), intra-EU TVA number from the SIE, corporate tax (IS), employer registration with URSSAF on first hire |
| Recurring compliance | Annual accounts approved within six months of year-end and filed with the greffe; IS and TVA returns; beneficial-owner updates |
| Typical setup timeline (indicative) | Often two to four weeks once documents are ready; foreign-document legalization and bank onboarding usually set the pace |
Indicative only. Rules, filings, fees, ownership restrictions and timelines vary and change — confirm the current position before acting.
SAS, SASU or SARL: which French entity suits a foreign owner?
France offers several company forms, but foreign founders and overseas parent companies almost always choose between two:
| SAS / SASU | SARL / EURL | |
|---|---|---|
| Owners | One (SASU) or more shareholders, individuals or companies | One (EURL) to 100 associés |
| Management | A président, which can be a person or a company | One or more gérants, who must be individuals |
| Flexibility | Statuts can be drafted freely: share classes, vesting, investor rights | Governed closely by the Commercial Code |
| Typical fit | Subsidiaries, startups, companies expecting investors | Family-style or owner-managed businesses |
Both have no statutory minimum capital beyond a symbolic amount, although a credible capital level matters for banks and landlords. A succursale (branch) of a foreign company is also possible, but it is not a separate legal person, so the foreign parent carries the liabilities directly.
Step-by-step: from statuts to Kbis
- Choose the name and activity. Check availability against INPI's trademark and company databases, and confirm whether the activity is regulated (some trades need a license or professional card before registration).
- Secure a siège social. Sign a lease, use a director's address where permitted, or sign a domiciliation contract with an approved domiciliation company.
- Draft and sign the statuts, plus the appointment of the first président or gérant.
- Deposit the share capital with a bank, a notary or the Caisse des Dépôts, which issues a certificate of deposit. The funds are released once the company is registered.
- Publish an annonce légale in an authorized legal-notice publication for the département of the siège.
- File on the guichet unique, uploading the statuts, deposit certificate, notice proof, ID and non-conviction declarations of managers, proof of address and the beneficial-owner declaration.
- Registration in the RCS by the greffe, which issues the Kbis extract; INSEE allocates the SIREN and SIRET numbers.
Incomplete or inconsistent filings are returned for correction, which is the most common cause of delay.
Documents from foreign individuals and foreign parent companies
French greffes expect documents in French. Foreign-language documents usually need a translation by a sworn translator (traducteur assermenté).
- Individual shareholders and managers: passport, proof of address, a declaration of non-conviction, and parentage details for managers.
- Corporate shareholders: a recent registry extract of the parent (typically less than three months old), its constitutional documents where requested, and a board resolution approving the subscription and appointing a representative.
- Legalization: documents issued in Hague Convention countries are normally apostilled; others may require consular legalization.
If founders will not travel, signatures are commonly given under a power of attorney. Check in advance whether the bank receiving the capital also wants certified or apostilled copies, because its list can differ from the greffe's.
What must be registered after incorporation
Registration through the guichet unique also notifies the tax office, so the company is created for corporate tax (impôt sur les sociétés) automatically. Remaining workstreams include:
- TVA (VAT): the company's SIE assigns an intra-community TVA number; businesses trading cross-border in the EU need it before issuing invoices.
- Payroll: hiring triggers employer obligations with URSSAF and monthly DSN reporting, plus mandatory supplementary pension and health cover.
- Local business tax: the cotisation foncière des entreprises (CFE) is due from the year after creation, based on the premises.
- Professional accounts: an online professional tax space on impots.gouv.fr is needed to file TVA and pay taxes electronically.
A non-EU national who will physically live in France to run the company needs a residence permit permitting that activity; managing from abroad generally does not require one.
Banking, KYC and the annual compliance cycle
Opening the capital-deposit account is often the slowest step for non-resident founders. Traditional French banks commonly ask for in-person or video identification, a business plan, the draft statuts and proof of where the funds come from; online business banks can be quicker but may not accept every nationality or activity. No bank is obliged to accept a file, so prepare a clear ownership chart and source-of-funds evidence.
Once trading, the company keeps accounts under the French chart of accounts (plan comptable général). Accounts must be approved by the shareholders within six months of year-end and filed with the greffe, generally within one month of approval. Small companies can request confidentiality of their accounts. IS is paid in instalments with an annual return, and TVA is usually filed monthly or quarterly. A statutory auditor (commissaire aux comptes) is required only above size thresholds or in certain groups.
Is France the right destination for you?
France suits businesses that need to sell to French customers, hire in France or sign contracts with French public bodies and large groups, where a local entity and a Kbis carry real weight. The SAS is flexible enough for venture-backed structures.
Compared with the Netherlands, setup is less notary-driven but more document-heavy, and administrative correspondence is in French. Compared with Germany, the SAS avoids the mandatory notarial deed of a GmbH but social charges on salaries are among the highest in the EU, which affects hiring budgets. If you only need an EU invoicing presence with no French team, compare whether another member state with lighter payroll costs fits better.
Common mistakes to avoid
- Depositing capital before the bank has finished KYC, then waiting weeks for a certificate of deposit.
- Using a home or virtual address as siège social without a valid domiciliation contract or landlord consent.
- Submitting foreign parent documents without a sworn French translation or apostille, causing the greffe to reject the file.
- Leaving out indirect beneficial owners of a corporate shareholder in the beneficial-owner declaration.
- Choosing a SARL when the business expects investors or a corporate président, then having to convert to a SAS later.
- Starting regulated activity before obtaining the required license or professional authorization.
Documents and records to prepare
- Signed statuts and appointment of the président or gérant
- Certificate of deposit of share capital (certificat du dépositaire)
- Proof of publication of the annonce légale
- Lease, landlord consent or domiciliation contract for the siège social
- Passports, proof of address and non-conviction declarations of managers
- Parent-company registry extract and board resolution, apostilled and translated by a sworn translator
- Beneficial-owner declaration (DBE)
NYBACS 360° support
How NYBACS helps
- Compares SAS, SARL and branch options against your ownership, investor plans and hiring needs in France.
- Builds the foreign document pack — apostilles, sworn translations and powers of attorney — before the guichet unique filing.
- Coordinates the capital deposit, legal notice, domiciliation and registration with our local execution partners.
- Prepares beneficial-ownership mapping for multi-layer groups so the declaration matches bank KYC.
- Sets up the post-Kbis calendar: TVA, CFE, annual accounts filing and group reporting back to the parent.
Frequently Asked Questions
Can a foreign company be the président of a French SAS?
Yes. A SAS président can be a legal entity, which is common for subsidiaries. The parent then acts through its own legal representative, whose identity documents are also requested at registration.
Do I need to travel to France to set up the company?
Not necessarily. Statuts can be signed under a power of attorney and the filing is online. The bank is usually the step most likely to require a meeting, either in person or by video.
What is a Kbis and why do partners ask for it?
The Kbis extract is the official certificate of a company's registration in the RCS, showing its name, capital, address and legal representatives. Banks, customers and public bodies typically ask for one dated within the last three months.
How much share capital should a French subsidiary have?
The legal minimum is symbolic, but very low capital can make bank onboarding, leases and supplier credit harder. Size it to the company's early costs and the expectations of its counterparties.
Is a branch simpler than a SAS?
A branch also needs registration in the RCS and its own tax filings, so the paperwork saving is limited. The bigger difference is liability and how French customers and banks perceive a non-incorporated presence.
