Section 2: Sole traders with limited liability

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Article L526-7

French Commercial codeIn force

Updated 7 Nov 2023

The creation of the earmarked assets is the result of a declaration made:

1° For a commercial activity, to the trade and companies register with which the trader is required to register;

2° For an activity in the trades and crafts sector, in the national register of companies with which the head of the business is required to register in this capacity;

3° For activities as a commercial agent, in the special register for commercial agents;

4° For activities not covered by 1° to 3°, in the special register held at the registry of the commercial court or the judicial court with commercial jurisdiction in the area in which the address of their principal place of business is located.

Where the activity carried out by the sole trader is entered both in the Trade and Companies Register and in the National Register of Companies as a business in the trades and crafts sector, the declaration is made to the Trade and Companies Register.

Where the sole trader is transferred to the jurisdiction of another register or attached to another register during the course of his activity, the details entered and all the public documents filed are transferred by the previous body holding the register to the newly competent body. In this case, the transfer is recorded in the first register. The transfer is carried out by electronic means and does not give rise to any fees.

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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