Company Law · France
Company formation in France, with a French avocat beside you
Setting up a business in France means choosing a legal form, preparing the right documents and completing registration — and getting advice early usually costs less than correcting a structure later. We match you, free of charge, with an avocat who works on companies and on the disputes that can follow.
- Avocats registered with one of France’s 164 local bars
- Free matching, no obligation to instruct
- Practical answers before you commit to a structure
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The French framework
What company formation in France involves
France is a codified civil-law country: the Constitution of 4 October 1958, parliamentary statutes, government regulations and European Union law are the primary sources of law. Private-law disputes go to the judicial order — tribunal judiciaire, cour d’appel, Cour de cassation — while matters involving public authorities go to the administrative order. Company formation in France sits inside that framework, and so do the questions that come afterwards: business disputes go to the tribunal de commerce, where the parties may appear in person, and most civil claims above €10,000 before the tribunal judiciaire require an avocat. A French avocat reads your project, confirms what your chosen form requires and helps you avoid avoidable litigation later.
France in detail
How the French system shapes your company project
Formation decisions in France are read against a codified civil-law framework, a specialised business court and clear professional rules on who may act for you. The points below, drawn from official French sources, show what an avocat will be working with — from notarial deeds to limitation periods.
Who may act for you in France
Company work in France is handled by avocats, a regulated profession. Since 1 January 2025 entrants must hold a Master 2 in law and the Certificat d’aptitude à la profession d’avocat, obtained after 18 months at a regional training centre and an entrance exam. They take an oath before a cour d’appel and join one of France’s 164 local bars, with 20 hours of continuing education each year.
Where business disputes are heard
Private-law and criminal matters go to the judicial order. Business disputes are heard by the tribunal de commerce, a specialised court where the parties may appear in person; most civil claims above €10,000 before the tribunal judiciaire require an avocat. Appeals are re-examined in fact and in law by one of 36 cours d’appel, and the Cour de cassation reviews questions of law only.
Disputes involving public authorities
France keeps two separate court systems. The administrative order — tribunal administratif, cour administrative d’appel and Conseil d’État — handles disputes involving public authorities, and the Tribunal des conflits settles conflicts of jurisdiction between the orders. A recours contentieux must be filed within two months, and proceedings before the administrative courts are free of charge.
Court charges and lawyers’ fees
Court acts themselves are free, but filing a claim before a civil court of first instance or the conseil de prud’hommes requires a €50 fiscal stamp, and an appeal with mandatory representation requires a €225 electronic stamp. Lawyers’ fees are freely agreed and usually set out in a convention d’honoraires, which may combine a fixed or hourly fee with an honoraire de résultat.
Notarial deeds and real property
If the company acquires or contributes real property, registration in the land registry requires an authentic deed from a notary practising in France; notaries are public officers with a monopoly on conveyancing and collect the transfer taxes. On a later sale by a non-resident, a 19% levy applies to the net capital gain under Article 244 bis A, collected at source by the notary.
Ownership, family and succession
Founders rarely work alone for ever. Under French succession law, the réserve héréditaire reserves half of an estate with one child, two-thirds with two children and three-quarters with three or more, so children cannot be fully disinherited. Without a notarised marriage contract, couples are subject to the communauté réduite aux acquêts, and assets owned before the marriage stay personal.
Key time limits — Commercial & Corporate Law
| Matter | Time limit | Note |
|---|---|---|
| Civil and commercial debt claim (general limitation) | 5 years | The general limitation period that applies to unpaid invoices and contractual debts between businesses. |
| Tort / extra-contractual liability (bodily injury) | 10 years | Applies to personal-injury claims arising outside a contract. |
All country data on this page is taken from official sources — the French Ministry of Justice, Legifrance, the Conseil national des barreaux, justice.fr and impots.gouv.fr — as published at the time of writing.
- Ministry of Justice — organisation of the courts and tribunals in France
- Ministry of Justice — the French legal and judicial system (PDF)
- Conseil national des barreaux — conditions of access to the profession
- Code du travail, Article L1471-1 — employment limitation periods
- Code civil — general limitation periods
- Code de la consommation — consumer debt limitation
- Code civil — succession: option to accept or renounce an inheritance
- Rental lease actions — limitation period
- Administrative appeal — two-month time limit
- Code civil — divorce
- justice.fr — court fees and the cost of proceedings
- Code civil — authentic notarial deed for real-property transfers
- Code civil — default matrimonial regime of community of acquests
- Code civil — forced heirship (réserve héréditaire)
- impots.gouv.fr — taxation of non-residents on French real-estate gains
Common difficulties
What usually slows a French company project down
Most problems are not dramatic. They come from small assumptions made early, before anyone with French training has looked at the file.
The structure question comes first
Choosing between legal forms changes liability, taxation and how you take on investors later. Generic templates rarely fit a founder’s real situation, and a wrong choice is expensive to unwind once contracts and shareholdings exist.
Formalities in a different legal culture
French filings, notarial deeds and the civil-law approach to contracts read differently from common-law jurisdictions. Founders working remotely often discover gaps only when a bank, a landlord or a public authority asks for something more.
Disputes arrive through a specialised court
If a disagreement arises, business matters go to the tribunal de commerce, where each side may appear in person, while most civil claims above €10,000 before the tribunal judiciaire require an avocat. Knowing the route early changes strategy.
How we help
A free, structured way to find the right avocat
You explain the project once. We identify French lawyers whose practice covers it, and you choose whether to take it further.
Lawyers who actually do this
We only match you with avocats who handle company formation in France and the legal work that follows: shareholder arrangements, commercial contracts and, where needed, proceedings before the French courts.
One free, confidential request
You describe your project in a few lines, we pass it to suitable French lawyers, and you decide whether to go further. No charge for the matching, no obligation to instruct anyone afterwards.
Local bars, national reach
France has 164 local bars, supervised by the Conseil national des barreaux. Whether your project is in Paris, Lyon, Bordeaux or elsewhere, we look for an avocat registered with the relevant bar and working in your field.
Transparent fees before you commit
French lawyers’ fees are freely agreed and usually set out in a convention d’honoraires — hourly, fixed, or with a success element. You learn the basis of the fee before any work begins.
Elsewhere in Europe
Building or expanding across borders?
Founders, investors and family businesses often need advice in more than one jurisdiction. If your project also touches another European market, you can request a lawyer there in the same free request.
Questions founders ask
Company formation in France: frequently asked questions
How does company formation in France work for a founder coming from abroad?
The steps depend on the legal form you choose and on your own situation, so an avocat confirms what applies before you commit to anything. What is fixed is the surrounding framework: business disputes go to the tribunal de commerce, most civil claims above €10,000 before the tribunal judiciaire require an avocat, and appeals are heard by one of 36 cours d’appel.
Do I need a French lawyer to set up a company?
Not every step requires one, and parties may appear in person before the tribunal de commerce. But representation by an avocat is mandatory for most civil claims above €10,000 before the tribunal judiciaire, before the cour d’appel, and before the Cour de cassation, where only avocats aux conseils may act. Early advice on structure is usually cheaper than later litigation.
What do French lawyers charge, and is legal aid available?
There is no statutory tariff: fees are freely agreed and normally recorded in a convention d’honoraires, whether hourly, fixed or including a success element. Court acts are in principle free, though a €50 fiscal stamp applies to a first-instance claim and €225 to an appeal with mandatory representation. Aide juridictionnelle covers all or part of the costs below income thresholds set for 2025.
Which court deals with a business dispute in France?
Commercial and business disputes are heard by the tribunal de commerce, a specialised court, and the parties may appear there in person. Civil claims more broadly go to the tribunal judiciaire. Appeals are re-examined in fact and in law by one of 36 cours d’appel, and the Cour de cassation reviews questions of law only, without re-trying the facts.
How long do I have to bring a claim connected to my business?
The general limitation period for civil and commercial debt claims is five years, and two years for consumer debt claims. Employment matters follow different rules: twelve months for a dismissal challenge and two years for a claim concerning performance of the contract. Administrative appeals must be filed within two months. Time runs quickly, so seek advice early.
Can French succession rules affect who owns my company shares?
They can. French law protects descendants through the réserve héréditaire: half of the estate with one child, two-thirds with two, and three-quarters with three or more, leaving only the quotité disponible to be freely bequeathed. Without a notarised marriage contract, couples are also subject to the communauté réduite aux acquêts, which affects how shares are held.
Next step
Tell us about your French company project
Describe in a few lines the structure you are considering, where you are based and what you need next. We will match you with a French avocat who works on company formation in France and on the matters that follow, free of charge and with no obligation to instruct.