We Offer Strategic Legal Services
Incorporate a SAS (French Simplified Joint-Stock Company)
Create your SAS (Société par Actions Simplifiée) with our French corporate lawyers and paralegals who handle every stage — from drafting the bylaws and appointing the president to defining the share capital, filing with the registry, and obtaining your Kbis extract, the official proof of incorporation in France.
Have Queries ?
What is a SAS (Société par Actions Simplifiée)?
The SAS is a flexible and modern French company form, favored by both entrepreneurs and investors. It allows one or more shareholders to create a limited liability company while freely defining its governance structure through customized bylaws.
It’s the ideal choice for startups, subsidiaries, and growing ventures, offering wide flexibility, credibility with financial institutions, and an image of professionalism.
Advantages of an SAS:
Flexible governance: Shareholders define how decisions are made, how profits are distributed, and how the company evolves.
Limited liability: Each shareholder’s risk is limited to their contributions.
Adapted for growth: Easy to welcome new investors or partners by issuing or transferring shares.
Attractive for investors: Its structure is familiar to venture capitalists and corporate partners.
Prestigious image: Preferred by French and international entrepreneurs for its modern and professional reputation.
In short, a SAS combines protection, flexibility, and scalability, making it one of the most popular forms for incorporating a company in France today.
How to Incorporate a SAS in France?
Incorporating an SAS is straightforward with expert assistance. Our team ensures every legal formality is completed accurately and efficiently.
Collecting Key Information
We begin by gathering all relevant details, including the company name, business activity, address of the registered office, details of shareholders, capital contributions, and the appointment of the president.
Drafting Tailored Bylaws
Our lawyers prepare bespoke bylaws defining the company’s structure, decision-making procedures, shareholder rights, and management rules—all fully compliant with French corporate law.
Managing Share Capital
We assist with setting up the capital deposit account, ensuring the funds are correctly paid in, and obtaining the certificate of capital release issued by the bank or notary.
Completing Legal Formalities
We prepare all supporting documents: the president’s appointment act, the beneficial ownership declaration, and the legal notice for publication in the official gazette.
Filing and Registration
We compile and file the complete incorporation dossier with the Commercial Court Registry (Greffe) and track the application until registration is finalized.
Delivery of the Kbis Extract
You receive the official Kbis extract, confirming the legal creation of your SAS, along with certified copies of all founding documents.
Why Choose FrenchCo.lawyer?
At FrenchCo.lawyer, every client benefits from the combined expertise of registered French lawyers and experienced corporate paralegals. We ensure your SAS is incorporated quickly, securely, and in full legal compliance. You can focus on your business strategy — we’ll take care of all the legal and administrative formalities.
Have Queries ?
What We Need From You to Incorporate Your SAS ?
To set up your SAS efficiently, we’ll only ask for a few essential items:
Company Details
Your chosen name, business activity, and registered office (commercial lease, domiciliation, or ownership proof).
Shareholders’ Information
Identification and address of each shareholder (individuals or companies), and confirmation of their respective contributions.
President Appointment
Details of the President (the company’s legal representative), who can be a shareholder or an external individual/legal entity. Proof of identity and residence are required.
Share Capital Contributions
Documents proving the deposit of cash or the valuation of any in-kind contributions, if applicable.
Then what happens?
Once all documents are collected, our team finalizes the drafting, registration, and publication steps until your SAS is officially incorporated and the Kbis extract is delivered to you.
Incorporate a SAS –Clear Process, Fixed Price
Flat legal fee starting from €899 excl. taxes*
Additional mandatory costs: publication in the official legal gazette + registry filing fees. Transparent pricing. No hidden charges.
Transparent pricing. No hidden charges.
Our Promise:
No hidden extras or inflated “bundles”
No third-party go-betweens
Only expert legal work delivered by licensed professionals
Have Queries ?
Why Choose Us?
We Believe in Transparent, Lawyer-Led SAS Incorporation in France
Fast and reliable setup: From drafting to Kbis delivery, we manage your SAS registration efficiently.
Legally compliant documentation: Every incorporation act is prepared according to the latest French Commercial Code and regulatory requirements.
Secure legal drafting: All corporate documents are carefully structured to protect your rights and your company’s long-term interests.
Lawyer-supervised work: Every step is handled by licensed French lawyers for quality and trust.
Let us handle your SAS incorporation —
so you can focus on growing your business in France.
Contact Us
Have Queries ?
Understanding the Incorporation of a French SAS
Can a foreigner create and manage a SAS (Simplified Joint-Stock Company) in France?
Yes.
Foreign individuals or legal entities may freely incorporate a SAS (Société par Actions Simplifiée) in France and hold 100% of its shares. The company may be led by a President, who can also be a foreigner. The applicable formalities vary according to nationality and whether the manager will reside in France.
1. President living abroad
If the President does not plan to live in France, no residence permit or local registration is required. The appointment can be directly recorded with the Registre du commerce et des sociétés (RCS), and the company can operate remotely. This applies to both EU and non-EU nationals.
2. EU, EEA, and Swiss nationals
Citizens of EU/EEA member states and Switzerland can freely manage a SAS in France. If they move to France, they must simply register with the local mairie (town hall) within three months of arrival — no residence card is required.
3. Non-EU residents intending to live in France
Non-EU Presidents or directors who wish to reside in France must hold a valid residence permit. Possible options include:
- One-year “entrepreneur/profession libérale” card (renewable annually);
- Four-year multi-year card (after the first year, subject to civic integration and, from 2026, proof of sufficient French language skills);
- Ten-year permanent resident card, renewable after five years of continuous stay;
- Talent residence permits (valid up to 4 years) for innovative or investment-based projects.
Managing a SAS in France without a valid residence status can result in fines, criminal liability, or deportation.
4. Special treaty exemptions
Certain nationals, including those from Algeria, Andorra, and Monaco, benefit from bilateral agreements easing residency and business formalities.
5. Registration with the RCS
Regardless of nationality, once residence requirements (if any) are satisfied, the President’s appointment and company registration are filed with the RCS, which verifies compliance before issuing the Kbis extract, the official certificate of incorporation.
What are the social security contributions for a SAS President?
The President (and any other officers with remuneration) is always treated as an assimilé-salarié, meaning they are covered under the general French social security system.
1. President (assimilé-salarié status)
- Subject to employee-type contributions (health, pension, maternity, family allowances, etc.).
- No unemployment coverage, unless the President also has a separate employment contract with distinct functions and subordination (rare).
- Social contributions are calculated on gross remuneration, not on dividends.
2. Non-resident President
If the President resides abroad, affiliation depends on international treaties:
- EU/EEA/Swiss nationals may remain covered under their home system (A1 certificate required).
- Non-EU nationals are generally subject to French contributions if paid by the French company.
3. Dividends and social charges
Unlike in EURLs, dividends paid to SAS shareholders are not subject to social contributions, but only to flat tax (prélèvement forfaitaire unique) of 30% (12.8% income tax + 17.2% social levies).
Key point: The President’s remuneration is flexible — it can be set to optimize tax and contribution efficiency while maintaining full social protection.
How does a SAS compare to a SARL overall?
1. Governance flexibility
- SAS: Extremely flexible — bylaws can define decision rules, power delegation, and share transfers.
- SARL: Strict legal framework — well-suited to family businesses or smaller ventures requiring stability.
2. Social regime
- SAS President: assimilé-salarié (broad protection, higher cost).
- SARL majority manager: self-employed (TNS), lower contributions, reduced coverage.
3. Taxation
- SAS: IS by default; IR possible temporarily.
- SARL: IR or IS depending on structure.
4. Attracting investors
SAS shares are easily transferable, making it the preferred form for startups and foreign investors. SARL transfers require notarial approval and are less flexible.
Quick View – SAS vs SARL
Aspect | SAS | SARL |
Governance | Freely defined | Legally fixed |
Leader status | Assimilé-salarié | Self-employed (TNS) |
Tax | IS default, IR optional | IR/IS selectable |
Share transfer | Flexible | Restricted |
Ideal for | Startups, investors | Family businesses, professionals |
What is the minimum share capital for a SAS?
There is no legal minimum capital required to form a SAS. Under Article L. 227-2 of the French Commercial Code, shareholders are free to determine the amount of share capital in the bylaws — it can be as low as €1. However, founders should consider several practical points:
- Credibility with partners and banks: Minimal capital may raise doubts about financial stability, prompting banks or suppliers to demand personal guarantees.
- Equity loss rule: If equity falls below 50% of the company’s stated capital, the shareholders must decide whether to recapitalize or dissolve the company within two fiscal years (Article L. 225-248 C. com.).
- Governance consequences: Insufficient capital can affect investor confidence and future fundraising efforts.
- Capital release: Only 50% of cash contributions must be released at incorporation; the remaining balance must be paid within five years.
In short: While you can technically create a SAS with €1, an initial capital aligned with your activity’s scale is advisable for credibility, compliance, and financing access.
Where can I set the registered office of a SAS in France?
Determining the registered office (siège social) is a crucial step, as it dictates the company’s jurisdiction, publication requirements, and correspondence address for legal documents.
You can establish the registered office in several ways:
- Owned or leased business premises: Provide a commercial lease or property title.
- President’s home address: Permitted temporarily (for up to five years) or permanently, depending on local zoning and lease/condominium rules. In major cities, this is allowed only if no clients or stock are received on-site.
- Domiciliation company: A popular and flexible solution using an approved domiciliation provider (recognized by prefectural authorization). Ideal for startups, foreign founders, or companies seeking professional image and administrative services.
- Parent company’s premises: A subsidiary SAS may use its parent’s address if the parent company can legally host it.
Failure to comply with domiciliation laws may lead to RCS removal, lease termination, or financial penalties.
Summary: Choose the registered office based on legal compliance, cost, and the credibility it conveys to partners, clients, and institutions.
What taxes will my SAS pay in France?
A SAS is by default subject to corporate tax (Impôt sur les sociétés – IS), but under certain conditions may temporarily opt for personal income tax (IR).
1. Corporate Tax (IS)
- Default regime for all SAS, regardless of shareholders.
- 2025 rates: 15% on the first €42,500 of taxable profit (if capital fully paid up, turnover ≤ €10m, and ownership ≥ 75% by individuals), and 25% on profits above.
- Dividends are taxed again at shareholder level (flat 30% or progressive IR scale).
2. Temporary Income Tax (IR) option
A SAS can elect IR for five years if:
- It is less than five years old,
- Employs fewer than 50 employees,
- Has turnover or balance sheet under €10m, and
- Is owned by natural persons (individuals) holding at least 50% of shares, with one or more holding management functions.
After five years, the company automatically reverts to IS.
3. Other Taxes
- VAT (TVA): Generally 20%, with reduced rates of 10%, 5.5%, or 2.1%.
- CFE (Cotisation Foncière des Entreprises): Annual local business tax.
- Registration duties: Apply in certain share transfers, mergers, or capital increases.
- CVAE: Abolished as of 2024.
Summary: Most SAS choose corporate tax for long-term stability and reinvestment flexibility, while new or small SAS may temporarily benefit from IR to offset startup losses.
Comparison: SAS taxed under IS vs SAS under IR (temporary)
Criteria | SAS under IS | SAS under IR (temporary) |
Taxable entity | Company | Shareholders |
Tax rate | 15% up to €42,500, 25% above | Progressive IR (0–45%) |
Duration | Permanent | 5 years max |
Dividends | 30% flat tax or IR scale | Profits taxed directly |
Social base | Salary only | Profit share of managing shareholders |
Ideal for | Growth, reinvestment, foreign investors | Early-stage small ventures |
How does a SAS compare to a Sole Proprietorship?
Even with the 2022 reform improving individual entrepreneur protection, significant distinctions remain:
1. Legal personality
- SAS: Separate legal entity; liability limited to contributions.
- Sole proprietorship: No separate legal personality; despite asset protection, personal and professional finances remain closely linked.
2. Continuity & financing
- SAS: Continues beyond the founder’s life; can raise funds, issue shares, or add partners.
- Sole proprietorship: Ends with the entrepreneur unless assets are transferred; limited fundraising capacity.
3. Tax and social regime
- SAS: IS default, optional IR; assimilé-salarié social regime.
- Sole proprietorship: Always IR, self-employed regime.
Quick View – SAS vs Sole Proprietorship
Aspect | SAS | Sole Proprietorship |
Legal status | Separate company | No separate entity |
Liability | Limited to contributions | Personal exposure (partially shielded) |
Taxation | IS (default), IR optional | IR only |
Social status | Assimilé-salarié | Self-employed |
Financing | Open to investors | Personal funding only |
Continuity | Survives ownership changes | Ends with entrepreneur |
Have a Question?
Speak directly with our French Corporate Lawyers for a Free Initial Consultation about forming your SAS in France.
Start Your French SAS Today
Our lawyers and trained paralegals handle every step — from drafting to registration — ensuring full legal compliance and peace of mind.
More About Incorporating a SAS in France
Can foreign founders create a SAS in France?
Yes. Both EU and non-EU nationals can freely incorporate a SAS in France and hold 100% of its shares. A foreigner can also serve as President, whether residing abroad or in France, provided applicable visa or residence rules are respected.
Can legal entities be shareholders of a SAS?
Yes. A SAS may be owned by one or several legal entities, French or foreign. This is common for subsidiaries and group structures, offering tax planning flexibility and limited liability protection under a distinct legal entity with its own Kbis, bank account, and obligations.
What documents are required to incorporate a SAS?
You’ll need:
– Drafted and signed bylaws (statuts);
– Shareholder ID or company registration documents;
– Proof of registered office (lease, domiciliation, or property title);
– Bank certificate confirming capital deposit;
– President’s appointment act; and
– Beneficial ownership declaration (UBO).
All must be filed through the Guichet Unique for RCS registration.
Do I need a statutory auditor?
A SAS must appoint a commissaire aux comptes if it exceeds two of the following thresholds:
– €4 million total assets,
– €8 million turnover,
– 50 employees.
It’s also mandatory if the SAS controls or is controlled by another company.
How long does SAS incorporation take?
Generally, 5 to 10 business days, depending on how quickly documents are provided and the bank opens the capital deposit account. Once filed, the Kbis extract (official certificate of incorporation) is issued by the RCS.
Can I incorporate a SAS remotely?
Yes. All steps — drafting, signing, capital deposit, and filing — can be handled 100% online. Foreign founders can incorporate without visiting France, through secure electronic signatures and certified identity verification.
What is the minimum share capital for a SAS?
Legally, €1 is enough to create a SAS. However, founders are advised to set a practical amount matching their project’s needs, as minimal capital can limit banking relationships and investor confidence.
What are the typical incorporation costs?
Legal and administrative costs include:
– Lawyer or paralegal drafting fees;
– Publication fee in the legal gazette (~€150);
– Registry fees (~€60); and
– Optional accountant setup fees.
Total setup cost typically starts around €799 + taxes when handled by a law firm.
What about beneficial ownership (UBO) compliance?
Legal and administrative costs include:
– Lawyer or paralegal drafting fees;
– Publication fee in the legal gazette (~€150);
– Registry fees (~€60); and
– Optional accountant setup fees.
Total setup cost typically starts around €799 + taxes when handled by a law firm.
Can I change my SAS’s legal form later?
Legal and administrative costs include:
– Lawyer or paralegal drafting fees;
– Publication fee in the legal gazette (~€150);
– Registry fees (~€60); and
– Optional accountant setup fees.
Total setup cost typically starts around €799 + taxes when handled by a law firm.
