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Incorporate a SARL (French Limited Liability Company)
Set up your SARL with lawyers who handle the legal work end-to-end: bylaws, manager appointment, share capital, filings, and delivery of the Kbis.
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Why Incorporate a SARL ("société à responsabilité limitée")?
The SARL combines legal security, fair decision-making, and limited liability—ideal for small groups of equal partners.
Flexible capital: you set the share capital freely in the bylaws.
1 to 100 shareholders: works for solo founders (EURL) and multi-owner teams.
One or more managers: management can be shared among several shareholders who want to be involved in the day-to-day management of the company
Limited liability: shareholders are responsible only up to their contributions (with exceptions in cases of fraud or mismanagement).
Audit not mandatory: unless thresholds are exceeded, no statutory auditor is required
Context: in 2023, 73,098 SARLs were incorporated (about 27% of new companies). The SARL remains a solid, practical choice for SMEs.
How Does the Incorporation of SARL Work?
Incorporating a French SARL may seem complex, but with FrenchCo.lawyer, the process is smooth and stress-free. Here is how it works
Collecting & Reviewing Company Information
We gather all necessary details: shareholder identities and addresses, proposed company name, business activity, registered office (lease, domiciliation, or title deed), and planned share capital (cash or in-kind contributions), and review to make sure they are legally secure.
Preparing Legal Documents
Our team drafts tailored bylaws, the manager’s appointment act, and all supporting incorporation documents. We also prepare the beneficial ownership declaration and the notice for legal publication.
Organising Share Capital
We guide you through the capital contribution process: arranging the deposit with a bank or notary, issuing the capital certificate, and confirming the allocation of shares between shareholders (especially important with two or three equal partners).
Filing the Incorporation Dossier
We compile the complete file (bylaws, manager appointment, capital certificate, legal notice, registry forms) and file it with the Commercial Court Registry. We also handle communications with the registry until the registration is finalised.
Delivery of the Kbis
You receive the Kbis extract, the official “ID card” of your company, along with certified copies of the bylaws and other incorporation documents.
With FrenchCo.lawyer
The entire process is handled by lawyers, quickly and in full compliance with French law. You can focus on launching your business, confident that your SARL is validly incorporated and ready to operate.
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What We Need From You to a Incorporate a French SARL ?
To manage the process efficiently, we will ask you to provide:
Company information
Proposed company name, business activity, and registered office address (lease, domiciliation, or deed)
Shareholder information
List of shareholders with IDs, addresses, and planned shareholdings (especially important for 2–3 equal partners)
Manager Details
Identity and status of the proposed manager(s), including if they are non-residents
Capital Contributions
Information on cash deposits or in-kind contributions, with supporting documents if required.
With these elements in hand
We take care of everything else: drafting bylaws, preparing the incorporation dossier, filing with the Commercial Court Registry, and delivering your Kbis.
Incorporate a SARL – Simple Process, Clear Budget
Flat legal fee starting from €799* (for a single-shareholder SARL) excl. taxes.
Additional mandatory costs: publication in the official legal gazette + court registry filing fees
No hidden costs, no unpleasant surprises
Our promise: we are lawyers, not resellers of add-ons. This means:
No upsells for virtual offices or bank accounts.
No confusing “packages” hiding extra charges.
Only real legal services tailored to protect your business.
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Why Choose Us?
We believe in clear, simple, and fully transparent pricing
Fast turnaround: Your SARL is incorporated quickly with full support from our lawyers and paralegals.
Up-to-date documents: All bylaws, manager appointments, capital certificates, and filings are drafted in strict compliance with French law.
Clarity & protection: We ensure your bylaws and incorporation acts are clear, balanced, and protective of shareholder rights.
Best standards: Your incorporation is handled according to professional legal drafting standards, with documents tailored to your company’s needs.
Let us handle everything so you can focus on growing your business.
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Understanding the Incorporation of a French SARL
Can a foreigner incorporate and manage a SARL in France?
Yes, a foreigner (whether legal entity or individual) can freely incorporate a SARL in France and hold all (100%) or part of its shares.
A foreign national can also become the manager (gérant) of a French SARL, but the formalities depend on residency and nationality.
Foreigners who do not intend to reside in France:
If the manager (“gérant”) of a SARL does not intend to live in France, no prior formalities are required. They can be appointed directly and registered with the Registre du commerce et des sociétés (RCS). This applies for all nationals (whether they are EU or non-EU nationals), who can freely manage a SARL in France without residing in France.EU, EEA, and Swiss residents:
Nationals from the European Union, the European Economic Area, and Switzerland may freely establish themselves as SARL managers in France. If they reside in France, they must register with the local mairie (town hall) within three months of arrival but do not need a residence permit.Non-EU residents:
Foreigners from outside the EU/EEA/Switzerland who intend to reside in France as managers must hold a valid residence permit. Options include:a temporary residence permit marked “entrepreneur/profession libérale” (valid for one year);
a multi-year residence permit (four years) after the first year, requiring civic training and proof of French language skills (mandatory from 2026 under the Immigration Law of 26 January 2024);
a long-term resident card (10 years, renewable) after five years of uninterrupted residence;
in some cases, a “talent” or “talent–business project” permit available immediately (up to four years).
Failure to hold a valid residence permit is a criminal offence, punishable by fines, imprisonment, and a ban from French territory.
International agreements:
Nationals of Algeria, Andorra, and Monaco benefit from special exemptions under bilateral treaties.
Once the right residence or exemption is confirmed, the gérant must register with the RCS, which will verify compliance.
Is there a minimum capital required for a SARL?
French law no longer imposes a statutory minimum capital for the formation of a SARL (société à responsabilité limitée) or its single-member form, the EURL. According to Article L. 223-2 of the Commercial Code, the founders are free to set the level of capital in the articles of association. In practice, this means that a SARL can legally be created with as little as one euro of capital.
This flexibility is particularly attractive for entrepreneurs launching service businesses or projects with modest financing needs. However, the choice of a symbolic capital is not without consequences, as it may affect both the company’s financial security and its relationship with creditors.
1. The risk of undercapitalization
While starting with a very low capital can simplify incorporation, it may expose the company and its founder to difficulties:
Creditor guarantees: Banks, suppliers, and landlords often demand personal guarantees from the manager or even their family members if the SARL appears undercapitalized. A higher subscribed capital can improve the company’s credibility and financing capacity.
Loss of half of the capital: If, due to losses, the equity of the company falls below half of the share capital, partners must decide within four months of the accounts’ approval whether to dissolve or recapitalize the company (Commercial Code art. L. 223-42). With a very low capital, this situation can arise as early as the first year of activity.
Management responsibility: Insufficient contributions at incorporation are the responsibility of the partners, not the manager. However, the manager may be found guilty of mismanagement if he fails to initiate a capital increase when the company’s survival requires it (Cass. com. 12 July 2016, no. 14-23310).
2. Publicity obligations regarding capital
The share capital of the SARL must appear in:
the articles of association (Commercial Code art. L. 210-2);
all official company documents communicated to third parties, including invoices, contracts, and the company’s letterhead (Commercial Code art. R. 123-238).
Failure to respect these obligations allows the public prosecutor or any interested party to compel the manager to correct the omission, under penalty (Commercial Code art. L. 238-3).
3. Releasing the capital: immediate or over 5 years
French law also provides flexibility in the payment of contributions. At the time of incorporation, only 20% of the cash contributions must be released. The balance can be paid in one or more installments, on the manager’s decision, within five years from the company’s registration in the Trade and Companies Register (Commercial Code art. L. 223-7).
This staged release eases cash flow for founders. However, it comes with limitations:
a SARL with unpaid contributions cannot benefit from the reduced corporate tax rate of 15%;
it also cannot deduct interest on partner loans from its taxable income.
In the event of a capital increase in cash, the same rule applies: partial release is possible but must be completed within five years.
4. Capital adjustments during the company’s life
The capital is not fixed forever. Partners may decide to:
increase the capital, by new cash contributions, contributions in kind, or by incorporating reserves and retained earnings (Commercial Code arts. L. 223-30 and following);
reduce the capital, particularly in case of losses, under conditions provided by law and subject to specific tax rules.
Conclusion: Freedom with responsibility
There is no minimum capital requirement to create a SARL in France. In theory, one euro is enough. But in practice, the amount chosen must reflect the company’s economic needs, business plan, and financing requirements. A capital that is too low risks undermining credibility, triggering early recapitalization procedures, or leading creditors to demand personal guarantees.
The law therefore offers maximum flexibility, but it is up to the founders and the manager to make responsible decisions that balance initial cash flow with long-term financial stability.
What Registration Duties Apply to Contributions Made to a French SARL?
Registration duties depends on the type of contribution, the nature of the assets involved, and whether the SARL is taxed under corporate tax (IS) or under the partnership regime (income tax, IR):
1. Types of Contributions: Pure and Simple vs. For Consideration
Pure and simple contributions: The partner contributes assets (cash, equipment, goodwill, real estate, etc.) in exchange only for shares in the SARL. No other compensation is received.
For consideration (“à titre onéreux”) contributions: The SARL not only issues shares but also assumes liabilities or pays money to the contributor. In this case, the tax rules treat the operation partly as a transfer for consideration.
Mixed contributions: A contribution can be partly pure and simple, and partly for consideration (for example, when the company issues shares but also assumes part of the contributor’s debts).
This distinction is fundamental, because the registration duties depend on which category applies.
2. Contributions Exempt From Duties
In many cases, contributions are tax-free. The main exemptions are:
Cash contributions: Always exempt.
Pure and simple contributions to an SARL subject to IS are exempt if the contributor commits to keep the shares for at least three years. This rule is especially relevant for contributions of real estate, goodwill, or leasehold rights.
This exemption is designed to encourage stable shareholding and long-term investment in French companies.
3. Contributions Subject to Duties
Certain contributions are subject to transfer duties unless the contributor has opted for (and respects) the three-year shareholding commitment:
Real estate or real rights (usufruct, bare ownership, etc.): taxed at 5% if no exemption applies.
Business assets, goodwill, or clientele: subject to a progressive scale (from 0% up to 5% depending on value).
Leasehold rights: also taxed at 5% unless exempted.
When the contribution is partly for consideration, the amount assumed by the SARL (for example, liabilities transferred) is taxed under the same rules as an outright sale.
4. Mixed Contributions
In a mixed contribution, the tax treatment is split:
The part remunerated with shares is treated as a pure and simple contribution (and may be exempt).
The part remunerated by cash or debt assumption is treated as a transfer for consideration (and subject to duties).
In practice, the parties can often allocate liabilities to minimize registration duties, which is why careful planning is essential.
5. Contributions of a Sole Proprietorship
When a sole proprietor contributes all assets of their business (including liabilities) to an SARL, a special regime applies. If the contributor commits to keep the shares for three years, the contribution is exempt from transfer duties, even though the company assumes debts.
This rule facilitates the transformation of sole proprietorships into companies, a common path when entrepreneurs seek limited liability and a more robust corporate structure.
6. Deductibility and Amortization of Costs
All registration duties, as well as ancillary incorporation costs (publication, registry filing, notary or lawyer fees), are deductible expenses for the SARL. Alternatively, they can be booked as incorporation costs and amortized over up to five years.
However, note that dividends cannot be distributed until these incorporation costs are either fully amortized or covered by free reserves of an equivalent amount.
What is the taxation of contribution capital gains when forming an SARL?
When creating a French SARL (société à responsabilité limitée), contributions of assets in kind (such as real estate, securities, or professional assets) may generate capital gains. These capital gains can be subject to taxation, depending on the status of the contributor (individual or company), the nature of the contributed asset, and the applicable tax regime. While cash contributions are tax-neutral, contributions in kind often trigger specific tax consequences.
1. Contributions by an individual: non-professional assets
If an individual contributes assets that are not recorded as business property (for example, personal real estate or securities), the resulting capital gain is treated as a transfer for value and follows the rules applicable to private individuals:
a. Real estate contributions
The capital gain is calculated as the difference between the real market value of the contributed property (represented by the value of the SARL shares received) and its acquisition value. The gain is taxed under the real estate capital gains regime
- 19% income tax,
- plus 17.2% social contributions,
and, where applicable, an additional tax for high capital gains (above €50,000). This results in a combined burden often exceeding 36%. Exemptions apply after a long holding period (22 years for income tax, 30 years for social contributions).
- If the company receiving the contribution is not controlled by the contributor: the taxation is deferred (no immediate taxation, but the gain is crystallized and taxed when the SARL shares are later sold).
- If the company is controlled by the contributor: the taxation is not deferred but postponed (the gain is recognized but payment is suspended until disposal of the shares).
- 12.8% income tax (PFU)
- 17.2% social contributions,
- i.e. a total of 30%.
- Short-term capital gains (e.g. on depreciated assets) are taxed as business income under the progressive income tax scale + social contributions.
- Long-term capital gains benefit from the 30% flat rate (12.8% IR + 17.2% social charges).
- Real estate → 19% + 17.2%.
- Securities → 12.8% + 17.2% (flat tax 30%).
- Professional assets → 30% (with exemptions or deferrals possible).
Can SARL managers or shareholders be personally liable for company debts?
One of the main attractions of a SARL is the principle of limited liability: shareholders risk only what they contributed, whether in cash or in kind. In theory, if the company goes bankrupt, your personal assets are safe. But in practice, French law and business realities create several exceptions that can put managers — and sometimes shareholders — on the hook.
The first and most common exception is the personal guarantee. Banks and suppliers often demand it before extending credit, especially from the managing shareholder. This is not a legal requirement but a business practice, and once signed, it overrides the shield of limited liability.
Second, in cases of mismanagement, if a SARL enters judicial liquidation and there is an insufficiency of assets, courts can order managers — whether formally appointed or de facto — to bear all or part of the company’s debts. Simple negligence is not enough, but repeated errors, reckless financing, or failure to declare insolvency on time can trigger liability.
Third, tax law allows managers to be held personally liable for unpaid company taxes if fraud or serious repeated violations made recovery impossible. Finally, when incorporating with in-kind contributions, all shareholders are jointly liable for five years for the value attributed to these assets, unless a contribution auditor validated them.
In short, while the SARL offers real protection, the shield is not absolute. Good governance, cautious guarantees, and proper compliance are essential to keep liability truly limited.
How does a SARL compare to a SAS overall?
The SARL and the SAS are the two most popular company forms in France, but they serve different needs.
Governance:
SARL governance is more regulated. Meetings, approvals, and majority rules are partly fixed by law. This offers predictability, which is useful for family businesses or small ventures with 2–3 co-founders on equal footing. The SAS, by contrast, gives maximum flexibility. Its bylaws can design almost any decision-making process, which appeals to startups and investors.
Liability:
In both SARL and SAS, shareholders’ liability is limited to their contributions. However, in practice, banks more often demand personal guarantees in SARLs run by individuals or families, while SAS structures backed by investors sometimes avoid them.
Taxation:
Both forms are usually subject to corporate tax (IS) at 25% (with SME reduced rates possible). Young SARLs may temporarily opt for income tax (IR). SAS does not offer this option. The SARL also allows some tax planning between salary and dividends for managers, whereas the SAS gives more freedom to treat managers as assimilated employees.
Social status of managers:
SARL majority managers fall under the self-employed regime (TNS), usually meaning lower contributions but fewer protections. Minority or equal managers are assimilated to employees. In a SAS, the president and directors are systematically assimilated to employees for social security purposes, even if they hold all the shares.
Financing and transfers:
SARL shares (“parts sociales”) are harder to transfer — sales to outsiders generally require shareholder approval. SAS shares are true securities, easier to transfer, and better suited for raising capital or bringing in new investors.
Bottom line:
For small, stable businesses with a handful of shareholders, the SARL remains reliable and widely recognized by banks and partners. For high-growth ventures, outside investors, or complex governance, the SAS offers unmatched flexibility.
SARL vs SAS (Quick View)
| Aspect | SARL | SAS |
|---|---|---|
| Governance | Fixed by law, predictable majority rules. Best for 2–3 co-founders on equal footing. | Very flexible, governance designed in the bylaws. Suited for investors and startups. |
| Liability | Limited to contributions, but banks often require personal guarantees from managers. | Limited to contributions. Personal guarantees less common if external investors are involved. |
| Social status of managers | Majority manager → self-employed (TNS). Minority or equal manager → assimilated employee. | President and directors → always assimilated employees (social security, but no unemployment cover). |
| Taxation | Corporate tax (IS) by default, with SME reduced rates. Temporary income tax (IR) option for young SARLs. | Corporate tax (IS) by default. No IR option. |
| Transfers of shares | Shares (“parts sociales”) require shareholder approval for transfer to outsiders. | Shares are securities, easier to transfer. Attractive for fundraising and investor entry. |
| Best suited for | Small to medium businesses, family companies, 2–3 co-founders seeking stability. | Startups, high-growth companies, and ventures with investors seeking flexibility. |
How does a SARL compare with a sole proprietorship?
Entrepreneurs often hesitate between starting as a sole proprietor (entrepreneur individuel) or forming a SARL. The choice is not always clear-cut, especially since French law reformed the sole proprietor status in 2022, improving asset protection.
The sole proprietorship is simple to start and manage, but it is tied directly to the individual. While the reform created a separation between professional and personal estates, the business remains highly dependent on the entrepreneur’s personal situation. Continuity is fragile, and financing can be difficult because the entity has no separate legal personality.
The SARL, by contrast, is a separate legal entity with its own assets. This provides stability and continuity, even if one shareholder leaves. It also allows several partners to pool resources and share responsibilities. Another key difference is financing: banks and investors are often more comfortable lending to or partnering with a SARL than a sole proprietor.
From a social perspective, the status of the manager also differs. A majority SARL manager falls under the self-employed regime (TNS), similar to the sole proprietor. But a minority or equal manager is treated as an assimilated employee, benefiting from stronger social protection. This flexibility can make the SARL more attractive depending on the profile of the founders.
For foreign entrepreneurs, the SARL offers a familiar structure, widely recognized in France and beyond, while maintaining manageable compliance. It is a middle ground between the simplicity of sole proprietorship and the flexibility of a SAS.
SARL vs Sole Proprietorship (Quick View)
| Aspect | SARL | Sole Proprietorship |
|---|---|---|
| Legal status | Separate legal entity with its own assets and continuity. | No separate legal personality. Business tied directly to the individual. |
| Liability | Limited to contributions (though personal guarantees are often requested by banks). | Personal estate at risk, except for new “professional estate” protection since 2022 reform. |
| Social status | Majority manager → self-employed (TNS). Minority or equal manager → assimilated employee. | Always self-employed (independent worker regime). |
| Taxation | Corporate tax (IS) by default, reduced SME rates possible. Temporary income tax (IR) option for certain young SARLs. | Always subject to income tax (IR) on total profits. |
| Financing | Easier to raise funds, bring in co-founders or investors (up to 100 shareholders). | Limited to personal funds and credit; harder to attract partners or outside investors. |
| Continuity & transfer | Survives death or exit of a shareholder; shares can be transferred. | Ends with the entrepreneur unless business assets are sold. |
| Best suited for | Small to medium businesses, especially 2–3 co-founders seeking stability and liability protection. | Solo entrepreneurs testing a business idea with limited formalities. |
More About Incorporating a French SARL
Do I need to live in France to be a shareholder or a manager of a SARL?
No. Foreign individuals or companies can freely set up a SARL in France, with no requirement to be French or reside in France. Foreign individuals and foreign companies can freely set up a French SARL to conduct business in France. Shareholders may live abroad, and if the manager (gérant) also resides abroad, no permit is needed. If the manager lives in France, EU/EEA/Swiss nationals only need to register locally, while most non-EU nationals require a residence permit.
How many shareholders can a SARL have?
A SARL may have from 1 to 100 shareholders. If it has only one, it is called an EURL (single-member SARL). Going beyond 100 is not allowed: the company must either reduce the number of shareholders within a year or transform into another legal form, typically an SAS.
Can a SARL be formed with a single shareholder?
Yes. A single person, natural or legal, can create a SARL, which will then be known as an EURL. This allows entrepreneurs to benefit from limited liability while operating as the sole owner of the company.
Can legal entities be shareholders of a SARL?
Yes. Companies, regardless of their form, can hold shares in a SARL. However, they cannot serve as managers. Specific rules apply to avoid prohibited cross-shareholdings or situations of control between companies.
Can a spouse contribute assets to a SARL?
Yes, but the rules depend on the nature of the assets and the couple’s matrimonial regime. A spouse may freely contribute assets that are his or her separate property. However, if the contribution concerns the family home or furniture furnishing it, the consent of both spouses is mandatory, regardless of the regime (French Civil Code art. 215). Under community property regimes, certain contributions — such as a business (fonds de commerce), real estate, or non-negotiable shares — also require the consent of the other spouse. Without it, the contribution can be annulled within two years.
When community funds are used, the spouse making the contribution alone is presumed to have authority, but the other may later claim shareholder status over half of the subscribed shares (Civil Code art. 1832-2). To avoid disputes, it is common practice to have the non-contributing spouse sign a waiver or acknowledgment of rights.
Additionally, spouses may both be shareholders in the same SARL, either together or with third parties, and may also participate in management. Finally, the spouse of a SARL manager who works in the business must choose a legal status: collaborator (temporary), employee, or partner — a declaration made at registration.
In short, spousal contributions are possible, but they raise important issues of consent, ownership, and shareholder rights, requiring careful drafting of the articles and proper documentation to avoid future conflicts.
Can PACS partners hold shares in a SARL?
Yes, but the rules depend on when the civil union (PACS) was concluded and the property regime chosen.
Since January 1, 2007, PACS partners are by default under a separation of property regime. Each may contribute and hold SARL shares individually. They may, however, opt in their agreement for a joint ownership regime, meaning assets acquired during the PACS are presumed to belong equally to both. In that case, if one partner contributes community assets to form the SARL, the other’s consent is required, and shares may be jointly owned. A declaration of use of separate funds (from before the PACS, or from a gift/inheritance) is often necessary to avoid disputes.
For PACS concluded before January 1, 2007 (and not amended), the default regime was joint ownership of assets acquired for consideration. This means SARL shares subscribed during the PACS are presumed jointly owned unless the deed states otherwise. In practice, only the partner making the contribution becomes a shareholder, unless both subscribe together.
The articles of association can require approval for share transfers between PACS partners. If only one partner subscribes, approval is needed for that person alone; if both wish to become shareholders, both must be approved.
In all cases, it is prudent to declare one’s PACS situation during incorporation, so the company can apply the correct legal regime and avoid later challenges.
Who is liable for acts carried on behalf of the SARL before its RCS registration ?
Sometimes it is necessary to sign contracts or take steps (for example, renting premises, signing a loan, or ordering equipment) before the SARL is formally registered.
However, legal personality for SARL arises only at its registration with the Registre du Commerce et des Sociétés (RCS) (French Registry of Commmerce and Companies). Before registration, the SARL cannot sue, be sued, or sign contracts in its own name.
Any person acting “on behalf of” the company in formation, such as its future shareholders or managers, is personally, jointly, and indefinitely liable until the SARL is registered. The company itself cannot bear responsibility until legal personality exists.
Consequently, contracts can be signed in the name of the SARL in formation, but they must later be validly taken over by the registered company.
French law provides three takeover mechanisms:
Annexation of a schedule of acts to the articles of association.
Signature under a specific mandate granted by the founders.
Ratification by a collective decision of the shareholders after registration.
Without one of these procedures, the contracts remain void or binding solely on the signatories.
Once validly ratified, the contracts entered into in the name and on behalf of the SARL before its RCS registration (leases, loans, and service contracts) bind the SARL retroactively from the date of signature. If not ratified, only the individual signatories remain liable.
Tax risk: acts entered into before the “formation period” (deposit of funds or appointment of contributions auditor) may trigger double transfer duties.
What are the costs of incorporating a SARL in France?
Incorporating a SARL is not free, but compared to other jurisdictions, costs are reasonable. The main legal costs include drafting the bylaws, preparing incorporation documents, and filing with the Commercial Court. If assets in kind are contributed, a contributions auditor may be required.
Mandatory administrative costs include:
Publication of a legal notice in an official gazette (around €150),
Court registry fees for company registration (around €40).
Unlike sole proprietorships, which have no incorporation duty, SARLs require this process. However, in most cases, no registration duty is payable on contributions. Tax advantages also exist: for example, contributions of a sole proprietorship to a newly created SARL can benefit from deferred taxation or even exemptions under certain conditions.
The lawyer’s fee depends on the complexity of the incorporation. A basic single-shareholder SARL (EURL) may start from €799 excl. taxes, while multi-shareholder structures or cases involving in-kind contributions may require higher fees to cover the legal work and expert involvement.
The investment is worthwhile. A properly drafted SARL provides clear governance, limited liability, and credibility with banks, partners, and suppliers. For foreign entrepreneurs, using a lawyer ensures that the bylaws and management structure comply with French law, and that common pitfalls (e.g. poorly defined manager powers, shareholder disputes) are avoided.
