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How to set up a company in France when you are a non resident

Who is eligible to set up a business in France?

Before starting on your entrepreneurship project, it is important to make sure you are eligible to operate in France. Some activities are reserved for French citizens, EU or EEA nationals, or nationals of countries that have a reciprocal agreement with France. In addition, certain professions require a specific diploma, professional experience or administrative authorisation.

Once you have checked that your activity complies with French law, you can start following the necessary administrative procedures.

What are the steps involved in setting up your business in France?

The procedures differ depending on the nationality and place of residence of the entrepreneur.

Citizens of the EU, the EEA or Switzerland

No special residence permit is required. However, if you plan to live in France, you must register with the mayor of the city of residence within three months of your arrival.

Non-French residents willing to live in France.

You must first obtain a long-stay visa from the diplomatic and consular authorities in your country of origin. Once in France, you can apply for a temporary residence permit marked « entrepreneur / liberal profession » or a « talent passport ». These permits will be issued subject to conditions, including proof that your project is economically viable.

Note that if you are already resident in France and hold a certain type of residence permit, you are not affected by these procedures.

Foreign non-residents not willing to live in France.

If you choose to stay abroad, there are no specific procedures to follow, apart from registering with the Registre du commerce et des sociétés (RCS) or the Répertoire des métiers (RM) for tradespeople.

Where can you take the necessary steps?

Consult the directory of French representations abroad and contact the relevant French consular authorities in your country of residence.

Once in France, contact the French prefectoral authority in your place of residence to submit your application for a temporary residence permit for professional reasons.

It’s highly recommended to be assited by a specialized lawyer in order not to forget any requirements and documents.

What legal status is best for you?

Foreign entrepreneurs are free to choose the legal form of their business: sole proprietorship or company. There are no restrictions as long as the entrepreneur has the appropriate residence permit. The social obligations associated with the legal form of the business will apply in the same way as for a French citizen.

MFL registered lawyers remain at your entire disposal to answer your queries regarding setting up a business in France. MFL will provide you with the best lawyers to handle your project and provide you with accurate advices.