The SARL (Société à Responsabilité Limitée) is a popular legal business structure in France, particularly for small to medium-sized businesses. It offers limited liability for its shareholders. In this article, we will guide you through the process of setting up a SARL in France, step by step.
Choose a Company Name
Select a unique name for your SARL that does not infringe on any existing trademarks or business names. You can verify the availability of your chosen name by searching the INPI (Institut National de la Propriété Industrielle) database.
Draft the Articles of Association
The Articles of Association (Statuts) set out the company’s legal framework, including its name, registered office, business purpose, share capital, and rules governing the company’s management and operation. It is essential to draft these documents carefully, as they will form the basis of your SARL’s legal structure.
When setting up the company, the associates will have to choose the taxation terms. Additionally, it will be necessary to check whether the activity is regulated and, if necessary, obtain authorization
Deposit the Share Capital
The minimum share capital for a SARL is €1, but it is recommended to have an appropriate amount relative to the company’s activities. Share capital must be deposited in a blocked bank account, and a certificate of deposit (Attestation de dépôt des fonds) must be obtained from the bank. This certificate will be required when registering the company.
Publish a Legal Notice
You must publish a legal notice of the company’s formation in an authorized legal announcement journal. This notice should include the company name, registered office address, business purpose, share capital, and details of the managing directors.
Register the Company
To register your SARL, you must submit the following documents to the Guichet des entreprises :
- A completed M0 form, which provides information about the company and its legal representatives.
- The original signed Articles of Association.
- Legal notice published
- Proof of the registered office’s address, such as a lease agreement or utility bill.
- A declaration of non-conviction and a copy of the ID for each managing director.
Obtain a Certificate of Incorporation (K-bis)
After submitting the required documents to the “Guichet des entreprises” and completing the registration process, you will receive a Certificate of Incorporation (Extrait K-bis). This document serves as proof of the company’s legal existence and contains essential information, such as the company’s registration number, registered office address, and managing directors.
In conclusion, setting up a SARL in France involves several key steps, including drafting the Articles of Association, registering the company, depositing the share capital, and fulfilling legal requirements. Although the process may seem complex, it is manageable with careful planning and attention to detail.
We recommend consulting a knowledgeable French attorney or accountant to ensure that your SARL is set up correctly and complies with all legal and regulatory requirements.
Our law firm assists you in creating your SAS or in case of disputes between shareholders, the president, administration, or third parties.