Section 2: Sole traders with limited liability

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Article L526-6

French Commercial codeIn force

Updated 7 Nov 2023

To carry on his business as a sole trader with limited liability, the sole trader assigns to his professional activity assets separate from his personal assets, without creating a legal entity, under the conditions set out in article L. 526-7.

These assets are made up of all the property, rights, obligations or securities held by the sole trader and required to carry out his business activity. It may also include the assets, rights, obligations or sureties held by the sole trader, used to carry on his professional activity, which he decides to assign to it and which he may subsequently decide to withdraw from the assigned assets. A single asset, right, obligation or security may only be included in the composition of a single assigned patrimony.

By way of derogation from the previous paragraph, a sole trader carrying out an agricultural activity within the meaning of article L. 311-1 of the Rural and Maritime Fishing Code may not allocate the land used to run his business to his professional activity. This option applies to all the land owned by the farmer.

To carry out the professional activity to which the assets are assigned, the sole trader uses a denomination incorporating his name, immediately preceded or followed by the words: "Entrepreneur individuel à responsabilité limitée" or the initials: "EIRL".

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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