Check name for uniqueness with the Institut National de la Propriété Industrielle (INPI)
Agency: Institut National de la Propriété Industrielle (INPI)
Although it is not legally mandatory to check the proposed company name for uniqueness before registering a company, this procedure is included because legal consequences may follow if this step is omitted. The name can be checked online at http://www.boutique.inpi.fr/inpiboutic.
A summary check is free of charge, but fees are charged for copies of trademark filings found. For an optional search of similar trademarks, fees are EUR 50 for three classes and EUR 500 for all classes.
Time and cost: Less than 1 day (online procedure), no charge
Deposit the initial capital
Agency: Bank
Within 8 days of the collection of all funds, the initial capital must be deposited with a notary public, the bank, or the Deposit and Consignment Office (Caisse des Dépôt). The initial capital is blocked during the registration period and released upon presentation of a K-bis form.
Time and cost: 1 day, no charge
Publish a notice of incorporation of the company
Agency: Newspaper authorized to publish legal notices
This notice must provide the name of the company and its manager (gérant), share capital, the object of the company and registered office. The founder needs only a letter from the newspaper confirming the planned publication. The publication fee is EUR 5.50 (VAT excluded) per line of 40 characters.
For most newspapers, the publication of the notice can be ordered online.
Time and cost: Less than 1 day (online procedure, simultaneous with previous procedure), EUR 5.50 per line of 40 characters (assuming 30 lines)
File a joint application for company incorporation
Agency: CFE or Infogreffe
The registration process can be done online via the Infogreffe web portal after creating a personal account to connect. Since June 30 2018, the website of CFE has been discontinued.
The registration process can also be done at the office of the Centre de Formalités des Entreprises (CFE) or Infogreffe. They handle all formalities related to the trade register in the court (RCS, Tribunal de Commerce), statistics (INSEE), tax authorities (Centre des Impôts), social security (URSSAF), labor (Direction Departemental du Travail et de L’emploi), health insurance (Caisse regionale D’assurance Maladie), unemployment insurance, pension, Employment Pole (Pole Emploi), and similar bodies.
The company’s Articles of Association and bylaws, lease, attestation of receipt of funds, documents concerning the manager, ad hoc forms, evidence of publication, and so forth must be filed in a single file. The file will be transferred to the respective offices and authorities.
The CFE automatically enters the information in the Registre Nationale des Entreprise (Répertoire SIRENE) and obtains identification numbers from the RNE: SIRENE number (Systéme Informatique pour le Répertoire des Entreprises), SIRET number (Systéme Informatique pour le Répertoire des Etablissements), and NAF number (Nomenclature des Activites Francaises). The SIRET is used, among other things, by the tax authorities.
Since January 4th 2018, information about beneficial ownership needs to be disclosed at least within 15 days after business incorporation).
Time and cost: 2 days, EUR 39.42 for the registration + EUR 23.71 for beneficial owners
Buy company books and have them initialed by the clerk of the Commercial Court
Agency: Commercial Court
Special accounting company books must be bought from the court or specialized stores. Inventory books are no longer required, but the company must purchase the minutes of the records and the ledger and have these books initialed by the clerk of the Commercial Court.
The books have numbered pages or numbered sheets, both of which must be certified by the Commercial Court. If a book with numbered pages is used, the certification is made only once (when the company is incorporated). If numbered sheets are used, the certification must be made for the minutes of shareholders’ meeting. If an accounting book is used, the certification must be made once each fiscal year. Therefore, for practical reasons books are often used.
In theory, it is possible to have an electronic minute book provided that the procedure to draft the document is secured (to avoid document modification once it is drafted). Such a solution is rarely used because a secured procedure has not been clearly defined and the commercial court certification is more complicated in that case. It is also possible for the company to acquire the book later, after it starts operation.
Time and cost: 1 day (simultaneous with previous procedure), EUR 30 for two books (EUR 15 per book) + EUR 3.12 stamping fee
