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Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

French Company Has a Kbis but the SIRET Is Missing or Wrong: How a Foreign Founder Corrects the RNE Record

For a foreign founder, receiving a French extrait Kbis is usually the moment when the new company appears to be ready for business. The Kbis is important, but it does not answer every operational question. A company can hold a recent Kbis while a bank portal, an invoice system, a tax account or a public database shows no SIRET, the wrong establishment address or a closed establishment. That apparent contradiction is often a record-matching problem rather than proof that the company has no legal existence. It can nevertheless become a serious practical problem if documents are issued with the wrong identifier or if a filing error is left uncorrected.

This guide addresses a French legal entity formed by a foreign founder, such as a SAS (simplified joint-stock company) or a SARL (limited liability company). It also explains where the analysis changes when the business is a branch of a foreign company. The aim is to separate the Kbis, the SIREN, the SIRET and the RNE, identify the source of the discrepancy, choose the correct INPI filing, and preserve evidence while the correction is processed. The legal route is based on the current French Commercial Code and official information from INPI, INSEE, Service Public and the tax administration. The practical rule is simple: do not invent a SIRET, do not assume that a Kbis cures every registration defect, and do not let a database display prevent you from diagnosing the underlying establishment record.

I. Why does my French company have a Kbis but no valid SIRET?

A. What is the difference between a Kbis, SIREN, SIRET and RNE?

The Kbis is evidence of registration, not the company’s complete numerical identity. A Kbis is the extract issued by the registry of the registre du commerce et des sociétés (RCS), the Trade and Companies Register. For a commercial company, it records core legal information: the corporate name, legal form, registered office, share capital, officers, activity and registration details. The registry office, or greffe, is the clerk’s office attached to the competent commercial court. It validates and issues the extract; INPI, the French National Institute of Industrial Property, operates the one-stop portal but is not the court registry that produces the Kbis.

The legal effect of registration matters. Article L. 210-6 of the French Commercial Code states that commercial companies acquire legal personality from registration in the RCS. Its short wording is decisive: « Les sociétés commerciales jouissent de la personnalité morale à dater de leur immatriculation au registre du commerce et des sociétés. » A Kbis therefore helps demonstrate that the company has been registered. It does not, by itself, prove that every data field held by INSEE, the tax administration or a payment provider has already synchronised correctly.

The SIREN identifies the legal unit. SIREN means système national d’identification et du répertoire des entreprises et de leurs établissements. In business practice, the SIREN is the nine-digit identifier of the legal unit: the French SAS, SARL or other entity itself. The legal unit is the company as a legal person, not one particular office or place of activity. A foreign shareholder, foreign director or non-resident president does not receive a separate SIREN merely because that person lives abroad. The identifier belongs to the French entity recorded in the register.

The SIRET identifies an establishment. SIRET means système d’identification du répertoire des établissements. It is a fourteen-digit number made of the nine-digit SIREN followed by a five-digit NIC, the numéro interne de classement assigned to the establishment. The registered office normally has an establishment record, and an additional operating site can have another SIRET. If the company moves the registered office, the SIREN normally remains attached to the same legal unit while a new establishment identifier is created for the new address. A wrong SIRET can therefore mean that the legal unit is correct but the address, activity, status or establishment record is not.

The regulatory structure confirms the distinction. Article R. 123-221 of the French Commercial Code describes the legal-unit identifier as « un numéro d’ordre composé de neuf chiffres ». The same article describes the establishment identifier as the SIREN followed by a five-digit complement specific to that establishment. Article R. 123-222 requires establishment information to include the address, the category of the establishment, its activities and its status, including whether it is active or closed. This is why a question about a missing SIRET is often a question about a missing or defective establishment record, not about the existence of the company itself.

The RNE is the national register; the RCS is one source within the registration architecture. RNE means registre national des entreprises, the National Business Register. Since the reform of business formalities, a creation, modification or cessation is filed through the electronic Guichet unique, the One-Stop Shop, operated through INPI. The dossier is then distributed to the competent bodies: the registry, INSEE, the tax administration and, where relevant, URSSAF, the body that collects social-security contributions. The RNE record, the RCS extract and the Sirene directory, INSEE’s national directory of businesses and establishments, may be connected while remaining different views of the same legal and establishment information.

That difference explains several common screen messages. “No SIRET found” in a supplier’s system may mean that it searched an establishment rather than the SIREN. “Kbis found, establishment missing” may mean that the registry has validated the legal entity while the establishment data has not yet reached the database used by the search tool. “SIRET closed” may refer to a former registered-office establishment after a move. “SIRET wrong” may reflect a typo in a bank onboarding form, an outdated certificate, a change of address, or an incorrect activity code rather than an invalid incorporation.

Do not treat every document as interchangeable. The official Service Public explanation of company identifiers distinguishes the nine-digit SIREN from the fourteen-digit SIRET and explains that the SIRET is assigned to each establishment. It also confirms that the SIRET is not obtained by a private request to a bank or software provider. The public Service Public guide to SIREN and SIRET numbers is useful for checking the number format and the effect of an address change. The official service for obtaining an RNE registration certificate is available through Service Public’s RNE certificate procedure. These documents are valuable comparison points when a foreign founder is receiving inconsistent copies from different providers.

Do not confuse the company’s identifier with its tax or VAT identifier. A French value added tax number (VAT number), or numéro de TVA intracommunautaire, is issued and managed for VAT purposes by the service des impôts des entreprises (SIE), the business tax office. It normally contains the country code FR, a two-digit key and the SIREN, but it is not a SIRET. The APE code, meaning activité principale exercée, is the principal activity code assigned by INSEE under the NAF, the French classification of activities. APE/NAF coding helps describe the activity; it does not replace SIREN or SIRET. The BODACC, the Bulletin officiel des annonces civiles et commerciales, publishes certain legal notices; a BODACC notice also does not substitute for proof of the active establishment record.

B. Why can a foreign founder see a Kbis while the SIRET is missing or wrong?

There are five recurring explanations. The first is timing. Registration may have reached the RCS and produced a Kbis before every downstream database has completed its update. A foreign founder often sees this when a bank requests a SIRET on the same day that the registry sends the Kbis. The number should not be guessed. Check the formalities dashboard, the RNE certificate and the official Sirene information, then keep the dated evidence showing what each source displayed.

The second explanation is that the search concerned the wrong record. A legal entity has one SIREN but can have several establishments and, over time, several historical SIRETs. A provider may search a trading address, warehouse, coworking site or branch while the Kbis shows the registered office. If the company has moved, the old SIRET may be closed and the new one active. If a second premises has never been declared, the company may have a valid SIRET for its registered office but no SIRET for the new site. The answer depends on the address and the legal status of the location, not on the fact that the founder is foreign.

The third explanation is an incorrect creation or modification filing. The address can contain a postal error, an incomplete unit number, a translated street name or a mismatch with the occupancy evidence. The activity description can be too vague or inconsistent with the supporting documents. The declared establishment category can be wrong. A foreign parent may have supplied a registered-office certificate for its subsidiary, while the filing actually concerned a branch of the parent. These are different legal units and the establishment data must follow the correct one.

Article L. 123-11 of the French Commercial Code sets a concrete requirement for a legal entity seeking registration: it must justify its enjoyment of the premises where its registered office is installed. The provision uses the words « justifier de la jouissance du ou des locaux ». For a foreign founder, this evidence can be a lease, domiciliation agreement, title, host certificate or other document accepted for the particular filing. The name, address, dates and capacity of the signatory should be consistent. A Kbis does not make an inconsistent premise document harmless if the establishment data must later be corrected.

The fourth explanation is a difference between the legal entity and a foreign-company branch. A subsidiary is a new French legal person with its own SIREN and its own establishment SIRET. A branch is an establishment of the foreign legal person. The branch can appear in French registration records and have a French SIRET, but the legal unit behind it is not the same as a French SAS. The Kbis or RNE extract must be read to identify whether it describes a French company or an establishment of a foreign company. Using the French parent’s SIREN, the foreign parent’s number and the branch’s SIRET interchangeably can cause rejection by a bank, customer or tax portal.

The fifth explanation is a correction already filed but not fully propagated. Article R. 123-223 provides that the register carries the « code caractérisant l’activité principale exercée », while Article R. 123-225 addresses the modification of identification information during a business modification procedure. An establishment can therefore have a correct SIREN but an outdated activity, address or active/closed status. A change in the legal name, registered office, principal activity, transfer or opening of premises can produce a new administrative state that different systems display at different times.

The first diagnostic should be documentary rather than argumentative. Put the Kbis, the RNE registration certificate, the Guichet unique filing receipt, the INPI dashboard history, the latest Sirene result and the message from the bank or customer into one dated file. Compare, character by character, the legal name, SIREN, SIRET, establishment address, activity, active status and filing date. Check whether the complaint concerns a number that is absent, structurally invalid, attached to the wrong address, marked closed, or simply not accepted by a private database. Each scenario calls for a different correction or explanation.

Do not use a SIRET copied from another establishment. Do not add a digit to a SIREN to create a fourteen-digit number. Do not write “SIRET pending” after the establishment has in fact been assigned an identifier. If the company is still in the pre-registration phase, the rules for documents issued by a company in formation must be considered separately. Once the company and establishment are registered, use the official record or the written response from the competent authority rather than a number generated by software.

II. How does a foreign founder correct the RNE record and protect the business?

A. Which correction filing should be made through INPI?

Start with the record that is wrong and the authority that controls it. Article L. 123-33 of the French Commercial Code requires the company to declare its creation, modification or cessation through a single electronic dossier. The law states that the company complies by « le dépôt d’un seul dossier » and that « Ce dépôt vaut déclaration » when the dossier is regular and complete for the relevant recipient. This is not a licence to submit multiple contradictory requests to different databases. Prepare one coherent correction route and identify which data field must change.

Article R. 123-1 describes the Guichet unique as the body that enables businesses to complete the formalities needed for access to and exercise of their activity. It also refers to the “dossier unique” and includes information about the beneficial owner. In practical terms, the representative or authorised agent should log into the INPI e-procedures portal, select the company by its SIREN and choose the modification, correction or completion route that matches the problem. The procedure’s label may differ according to the portal interface; the legal question remains the same: is the existing declaration inaccurate, incomplete, or merely not visible in the database being consulted?

Use a correction or completion filing where an existing record contains an error or lacks a required establishment detail. Use an ordinary modification where the company has actually changed its registered office, activity, premises or another corporate fact. Do not describe a real move as a typographical correction merely to seek a faster route. Conversely, do not file a full corporate modification when the only problem is a material transcription error and the underlying resolution, lease and Kbis already show the correct information. The submission should tell the reviewing authority exactly what is wrong, what the correct value is and why the attached evidence proves it.

The supporting file should normally contain the latest Kbis or RNE certificate, the SIREN and every relevant SIRET, the filing reference, and a short reconciliation table. For an address problem, add the lease, domiciliation contract, title or other proof of occupation, together with a document showing the precise address as used by the postal service. For an activity problem, attach the corporate purpose, board or shareholder decision where required, contracts or a concise description of the actual activity, and explain the requested APE correction separately from the establishment correction. For a branch, attach evidence of the foreign company’s existence and authority of the French representative, while keeping the branch’s record separate from any French subsidiary.

Article R. 123-3 of the French Commercial Code lists the components of the dossier transmitted to the One-Stop Shop, including « Les pièces numériques ou numérisées exigées ». A foreign founder should therefore prepare legible PDFs, consistent translations where a document is not in French, and—when the filing requires it—legalisation or apostille evidence. The question is not whether every document must be translated by default; it is whether the authority can match the identity, address, capacity and fact asserted in the filing. A mismatch between a passport, foreign corporate register, lease and French filing can keep a correction in regularisation.

Track the workflow after signing and payment. The INPI dashboard should show whether the file is awaiting signature, payment, regularisation, validation or has been rejected. Save screenshots and notification emails with dates. Article R. 123-12 recognises that the One-Stop Shop informs the declarant of « toute difficulté technique » concerning transmission to the recipient authorities. A portal outage is not the same as an authority’s rejection for an incomplete address. Record the reference and the precise status so that a later contact with INPI, the registry or INSEE concerns a traceable file rather than a general complaint.

The registry review has its own legal function. Under Article R. 123-95 of the French Commercial Code, the registry checks that statements comply with legal and regulatory provisions, correspond to the supporting documents and are compatible with the existing file. The relevant wording is « conformes aux dispositions législatives et réglementaires ». This explains why simply pointing to a Kbis may not resolve a contradiction: the correction must be supported by documents that align with the legal entity, the establishment and the declared event.

INSEE assigns the SIREN and SIRET identifiers. Article R. 123-224 of the French Commercial Code states that « Les numéros d’identification sont attribués » by INSEE to registered legal units and their establishments, including during the creation or modification procedure. A company should not ask a commercial bank, accountant’s software or a private directory to create or amend the number. If the official RNE or Sirene data remains wrong after the formalities have been validated, use the official correction channel and keep the filing reference. For a disputed APE code, the request may need to be directed to INSEE under its specific process; that is distinct from correcting the company’s legal name or establishment address through the Guichet unique.

Once the correction is validated, download the new RNE certificate and, where relevant, a new Kbis. Compare the result with the Sirene establishment record and the INPI dashboard. Check the legal name, SIREN, each active SIRET, establishment address, activity, APE code and status. A successful correction is not established by a green portal status alone if a public record still contains the former address. Conversely, do not file a second correction solely because a private database has not refreshed; first ask the provider to update its cache and attach the official certificate.

B. What should the company do with invoices, banking, tax and counterparties?

Protect the operating chain while the record is being corrected. The company should maintain a written identifier sheet stating the legal name, SIREN, active establishment address, SIRET if assigned, VAT number if assigned, RCS registration and the contact person handling the correction. Send the sheet with the current Kbis or RNE certificate to the bank, accountant, payroll provider, principal customers and suppliers that rejected the data. Ask each recipient what field they are validating: legal entity, establishment, VAT, RCS or an internal supplier code. Many disputes disappear when the parties stop calling every number “the company registration number”.

Invoices require particular discipline. Article R. 123-237 of the Commercial Code requires an identified person to include the « numéro unique d’identification de l’entreprise » on invoices and other business documents, with the relevant RCS information. Article D. 123-235 explains that the unique identification number is the number assigned on inscription in the national register. Article R. 123-238 separately requires company documents sent to third parties to state the corporate name and other identifying information. The practical consequence is to reproduce the official data consistently and to correct future templates as soon as the establishment record changes.

Do not silently replace the SIREN with a guessed SIRET because a customer’s form has fourteen boxes. If the official identifier is assigned but not visible in a customer’s system, provide the certificate and ask for manual onboarding. If the establishment really has no assigned SIRET because the creation or establishment declaration is incomplete, do not backdate an invoice or represent that an invented number is official. The accountant should determine the appropriate treatment for transactions during the short administrative interval, while the company completes the declaration and keeps a clear audit trail.

Separate the tax consequences from the registration issue. A company may have a valid legal existence and a SIREN while its VAT number is still being reviewed by the SIE. A VAT number may be inactive in the VIES system, the European VAT Information Exchange System, even though the underlying company is registered. A bank may also ask for a tax-residence form or beneficial-owner information that has nothing to do with the SIRET. Use the official impots.gouv.fr guidance on business registration to identify the relevant tax interlocutor, then ask the SIE a focused question about VAT rather than asking INPI to solve a tax-account problem.

Payroll and social-security onboarding can expose the same distinction. URSSAF may need the employer’s legal unit and establishment data for a declaration, while a payroll platform may request a SIRET linked to the place of employment. If the first French employee will work at an establishment that is not the registered office, confirm that the premises has been declared before the hiring deadline. If the problem affects only the employer account’s synchronisation, keep the INPI and INSEE proof and obtain a written instruction from URSSAF or the payroll provider. A missing SIRET in one interface does not automatically mean that the company has no SIRET anywhere.

For a foreign founder, banking checks deserve an evidence package. Include the Kbis, RNE certificate, articles of association, identity and authority documents for the legal representative, proof of the registered office, a group chart showing the foreign shareholder, and a brief explanation of the discrepancy. The bank may be conducting customer due diligence under anti-money-laundering rules; it may ask for the source of funds, beneficial-owner details or the commercial rationale for the French activity. Those requests should be answered accurately, but they should not be confused with a request to amend the RNE. Use the company’s true legal and establishment identifiers in every answer.

Keep the foreign parent, French subsidiary and branch in separate folders. For a subsidiary, the French entity’s SIREN is the anchor; its establishments carry SIRETs. For a branch, the French establishment belongs to the foreign legal unit and its French representative’s authority must be documented. For a liaison or representative office that does not conduct a commercial activity, the registration and tax analysis may differ again. The words “French operation” are not enough to determine which identifier belongs on a contract. Read the RNE or Kbis description and the formalities receipt before choosing the record.

Escalate when the correction is rejected, when two official records contradict each other, or when the company faces a blocked bank account, an urgent tender, a tax filing deadline or a threatened contract termination. A useful escalation file contains: a one-page chronology; the exact disputed field; the SIREN and all relevant SIRETs; the Kbis and RNE certificates before and after the filing; the Guichet unique reference; screenshots of the error; the documents proving the correct fact; and the business consequence. Ask for a written response from the competent body and preserve every answer. A lawyer can then assess whether the issue is a defective filing, a registry decision, an INSEE data correction, a tax matter or a contract problem, and can coordinate the response rather than sending unconnected messages to several administrations.

Finally, build a post-correction checklist. Update invoice and quotation templates, bank records, accounting software, customer master data, supplier records, website legal notices, employment and payroll records, VAT profiles and insurance certificates. Search the old SIRET and the new SIRET to ensure that closed and active establishments are clearly distinguished. Tell important counterparties the effective date of the change. Store the old certificate for audit purposes, but label it as historical. This prevents a later employee, accountant or foreign parent from reusing an identifier that was valid for a former address but no longer describes the active establishment.

Conclusion

A Kbis and a SIRET answer different questions. The Kbis demonstrates the company’s registration in the RCS and helps evidence legal personality. The SIREN identifies the legal unit; the SIRET identifies a particular establishment; the RNE and Sirene records provide connected but distinct administrative views. A foreign founder who sees a Kbis without a visible SIRET should first determine whether the issue is timing, a wrong establishment, an address or activity error, a branch/subsidiary confusion, a closed former record or a downstream database failure.

The safe response is a documented comparison, followed by the appropriate correction, completion or modification filing through the INPI Guichet unique. Use the official Kbis, RNE certificate, Sirene data and filing history; never create an identifier by inference. While the file is pending, explain the distinction to banks, customers, tax contacts and payroll providers, and use only data that can be supported by an official record. After validation, download fresh certificates, reconcile every establishment and update the company’s operational documents.

The broader formation and registration questions for foreign founders are gathered in the French company formation and business-law practice page. This article is general information and does not replace a review of the company’s actual filing, address evidence, legal form and administrative history.

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Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

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