French Business Law encompasses a wide range of regulations that govern the operation and conduct of businesses in France.
For those considering business activities in France, it’s crucial to consult with legal experts to navigate the complex legal environment and ensure compliance with all applicable laws and regulations.
French corporate law provides for various types of company structures, such as the Société Anonyme (SA), Société par Actions Simplifiée (SAS), and Société à Responsabilité Limitée (SARL), each with its own set of rules regarding governance, liability, and capital requirements.
The PACTE Law (Action Plan for Business Growth and Transformation) introduced significant changes to French corporate law, aiming to simplify and modernize the business environment. This includes measures to encourage innovation, facilitate business transfers, and improve companies’ financing.
French labour law is known for its strong protection of employees, with strict regulations on working hours, employee representation, and collective bargaining. Employers must navigate these rules carefully to maintain compliance.
French business litigation procedures provide mechanisms for resolving commercial disputes, whether through domestic proceedings or within the European and international context. Unfair competition and contract disputes are common issues addressed in business litigation.
Businesses in France are subject to various taxes, including corporate income tax, value-added tax (VAT), and social charges. Tax incentives may be available for certain activities, such as research and development
Foreign investors looking to establish a business in France must comply with registration procedures, obtain necessary permits, and understand the regulatory landscape, including environmental and urban planning regulations.
The 2017 Duty of Vigilance Law imposes a due diligence duty on large French companies to identify risks and prevent severe impacts on human rights and the environment resulting from their activities, including those of their subsidiaries and suppliers.
An accountant in France is an absolute necessity…for anyone considering starting up their own business. The accounting principles in France are clearly defined – as with most official issues that you will encounter – and derive from the Code de Commerce and the and Plan Comptable Général. These codes are monitored, updated and amended as and when from the Code Général Des Impôts and by the Conseil National de la Comptabilité.
All trading entities are obliged to keep certain accountancy records.
Daybook – All movements that affect the assets and liabilities of the trading entity should be recorded, operation by operation and on a daily basis in the Daybook (sales, purchases, costs etc).
Inventory ledger– An annual list of assets and liabilities, the annual profit and loss account is to be recorded in that book.
General ledger – a listing of all accounts being used.
Although accounts should be drawn up in french, accounts drawn up in a foreign(non french) language sometimes are accepted by the authorities.
Previously, many enterprises were deterred from setting up business in France because of complex labour laws and tax and social security regimes, but over the last couple of years there has been considerable reform in the way in which companies can set up and operate, with simplification and harmonization of taxation laws and working practices.
Expert legal advice is imperative to ensure that you take full advantage of the new legislation and working practices that are now in place.
There is a myriad of operating styles dependent upon the circumcumstances of your business structure and the professional sector in which you work ( eg the construction and performing arts sectors have a specialised format of trading ).
Bureaucracy and paperwork can be difficult in your mother tongue but in a foreign language it can be daunting. It is obligatory to file statutory documents for company incorporations in France and to ensure that you have the statutes (the operating manual if you like!) of your company correct from the start and mistakes or omissions can be costly to correct.
Additionally you have the choice of how you intend to operate:
Société Anonyme (SA) – The most sophisticated french company trading style that requires seven company officers and is entitled to launch publicly.
Société à responsabilité limitée (SARL) a company that has limited liability to the amount of the company share issue with at least two officers.
Société par actions simplifée (SAS) – a recent style of corporate trading and tailored towards holding companies and foreign corporations wishing to retain total control over subsidiaries.
Société par actions simplifée unipersonnelle (SASU) – this is a one person SAS.
l’Entreprise unipersonnelle à responsabilité limitée (EURL) – this is a one person operative SARL.
In addition to corporate entities there are several trading styles that can be opted for by individual traders and partnerships, for example:
Société en nom collectif -(SNC) general trading partnership
Société Civile – (SC) a non trading partnership.
Groupement d’intéret économique (GIE) -A consortium of related businesses pooling their resources for competitve advantage.
The use of an appropriately qualified legal professional to advise you upon your particular circumstance and to deal with the paperwork is imperative for company incorporations in France.
Code du Travail – Work code – In France Labour or Employment law is governed by the Code du Travail and there are strict regulations that appertain to many sectors of ones working life. The relationship between employer and employee in terms of the law is very formal and it is generally held that the majority of labour legislations falls in the interest of the employee.
Employees and employers alike have well defined responsibilities and rights, that are generally legally enforceable through the Code du travail or through règlement intérieur – collective agreement or work agreements.
Whatever your choice you will be obliged to abide by the laws in France and for that reason it is important that you seek clear, concise, legal advice.