Sub-subparagraph 1: Declarations for registration purposes.

Articles in this section · 3

Article R123-38

French Commercial codeIn force

Updated 6 Nov 2023

The natural person also declares, with regard to his activity and establishment:

1° The activity or activities carried out corresponding to the nomenclature of activities defined by decree, possibly specified by the declarant;

2° The address of the establishment;

3° In the absence of an establishment, the address of the business fixed to the residential premises declared under Article L. 123-10 and, for nationals of the European Community or of a State party to the Agreement on the European Economic Area who are not domiciled in France and who carry on an itinerant activity, the commune in which the principal activity is carried on;

4° The date on which the activity began;

5° If used, the trade name and sign;

6° Whether the business is the creation of a business, the acquisition of an existing business, or a change in the legal regime under which it was operated, or, failing this, the origin of the activity. The following shall be indicated: in the case of a takeover, the surname, usual name, pseudonym and first names of the previous operator and his unique identification number; in the case of the purchase, auction or division of a business, the title and date of the legal announcement medium in which the insertion required by article L. 141-12 ;

7° In the case of undivided ownership of the business elements, the surname, business name, pseudonym, first names and domicile of the natural persons or company name and address of the undivided legal entities;

8° In the case of a management lease, the surname, business name, pseudonym, first names and domicile or company name and address of the registered office of the lessor of the business; the start and end dates of the management lease with, where applicable, an indication that the contract is tacitly renewable;

9° The surname, business name, pseudonym, forenames, date and place of birth, domicile and nationality of the persons authorised to sign on behalf of the business on a regular basis;

10° In the case of a management mandate: the surname, usual name, forenames and domicile or the company name and the address of the registered office of the manager-agent of the establishment as well as the information provided for in 1° and 2° of Article R. 123-237; the surname, customary name, forenames, domicile or company name and registered office address of the principal as well as the information provided for in 1° and 2° of article R. 123-237; the start and expiry dates of the management mandate contract with, where applicable, an indication that the contract is tacitly renewable.

The company may also declare the domain name of its website.

The company may declare the domain name of its website.
Mariela Petrova

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Common Questions

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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