Formation or take-over of a business, or becoming self-employed

Trigger event date: signature date of declaration on honour (attestation sur l’honneur)

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Acknowledgement of registration with a business administration centre (Centre de Formalités des Entreprises - CFE)

Trigger event date: business registration completion date

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Acknowledgement of registration on the Trades and Companies Register (Registre de Commerce et des Sociétés - RCS) or a K-bis certificate of registration
  • Or Acknowledgement of registration on the skilled trades register (Répertoire des Métiers) or a D1 certificate of registration
  • Or Acknowledgement of registration on the agricultural register (Registre de l’Agriculture).

Trigger event date: signature date of declaration on honour (attestation sur l’honneur)

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Provisional sales contract for the business as a going concern

Trigger event date: sale date

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Deed of sale

And

• Acknowledgement of sale registration on Trades and Companies Register (RCS)

Trigger event date: signature date of declaration on honour (attestation sur l’honneur)

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Draft company articles making it possible to identify the person exercising effective control over the company

And

• Acknowledgement of receipt of registration request with a business administration centre (Centre de Formalités des Entreprises - CFE)

Trigger event date: registration date

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And 

• Acknowledgement of registration on the Trades and Companies Register (Registre de Commerce et des Sociétés - RCS)
  • Or K-bis certificate of registration

And

• Company articles of association
  • Or Share acquisition agreement making it possible to identify the person exercising effective control over the company

Trigger event date: signature date of declaration on honour (attestation sur l’honneur)

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Draft amended company articles making it possible to identify the person exercising effective control over the company

Trigger event date: stocks or shares sale date

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Acknowledgement of company share sale registration on Trades and Companies Register (RCS)
  • Or Statement from the company confirming the transfer of shares is recorded in the company’s register of shareholders

And

• Final amended company articles making it possible to identify the person exercising effective control over the company

Trigger event date: professional body registration date

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Acknowledgement of registration with the relevant governing professional association, society or organisation

And 

• Acknowledgement of registration with the French social security contributions collection agency (URSSAF)

And

• Copy of articles of association indicating that the account holder is a member partner (in the case of a partnership between members of a regulated profession (Société Civile Professionnelle - SCP)

Trigger event date: share acquisition date

• Declaration on honour (attestation sur l’honneur) duly completed and signed

And

• Share certificate issued by the co-operative society
  • Or Amended society articles recording a new capital contribution and the granting of member status

The amount of the redemption is then equal to the value of the shares acquired by the relevant party.

Any person who:

• Either holds, personally or along with a spouse, civil partner or cohabiting partner or forebears or issue, more than half of the company’s equity, with his or her personal share being at least 35% of said equity
• Or is the most senior executive of the company and who holds, personally or along with a spouse, civil partner or cohabiting partner or forebears or issue, at least one third of the company’s equity, with his or her personal share being at least 25% of said equity, and provided that no other shareholder directly or indirectly holds more than half the equity.

In view of France’s range of legal forms, most senior executive means:

• For a public limited company (société anonyme - SA): the chief executive or president/chairman of the executive/management board or the sole CEO/managing director
• For a simplified joint-stock company (société par actions simplifiée -SAS): the president/chairman
• For a limited liability company (société à responsabilité limitée - SARL): the chief executive/managing director
• For a single shareholder private limited company (entreprise unipersonnelle à responsabilité limitée - EURL): the owner-manager
• For a limited partnership (société en commandite - SCA or SCS): the director
• For a general or ordinary partnership (société en nom collectif - SNC): lead partner

The capacity held by the most senior executive (the job title) is shown on the K-bis registration certificate from the Trades and Companies Register (Registre du Commerce et des Sociétés), held by the registry of the commercial court with jurisdiction over the company’s registered office.

For a spouse:

• Copy of marriage certificate
  
  • Or Copy of family register (livret de famille)

For a civil partner:

• Copy of birth certificate recording that a civil partnership has been concluded
  
  • Or Certificate issued by the district court registrar or the notary who registered the formal statement of civil partnership

For a child:

• • Copy of family register (livret de famille)
  
  • Or Copy of birth certificate

No, the regulations explicitly refer to “setting up a business”.

No, the relevant regulations restrict release of holdings for company formations in progress for manufacturing, commercial, artisanal/small-scale or agricultural business ventures.