{"id":2104525,"date":"2026-08-22T12:03:16","date_gmt":"2026-08-22T10:03:16","guid":{"rendered":"https:\/\/kohenavocats.fr\/2026\/08\/22\/how-long-set-up-company-france-inpi-kbis-deadlines\/"},"modified":"2026-08-22T12:03:16","modified_gmt":"2026-08-22T10:03:16","slug":"how-long-set-up-company-france-inpi-kbis-deadlines","status":"publish","type":"post","link":"https:\/\/kohenavocats.fr\/en\/2026\/08\/22\/how-long-set-up-company-france-inpi-kbis-deadlines\/","title":{"rendered":"How Long Does It Take to Set Up a Company in France? INPI, Capital Deposit and Kbis Deadlines"},"content":{"rendered":"

For a foreign founder, setting up a company in France is not measured by the time needed to complete one online form. The practical timetable runs from the final version of the articles of association, through the deposit of share capital and the publication of the legal notice, to the filing on the INPI one-stop shop and the registration decision by the competent registry office. A complete and coherent file may move quickly, but no public authority promises a universal Kbis deadline. The Kbis is the registry extract proving that a commercial company has been registered; it is issued by the greffe<\/em>, the registry office attached to the competent commercial court, not by INPI.<\/p>\n

The official French process also produces several identifiers that foreign founders often confuse. The RNE<\/em> is the National Business Register, the RCS<\/em> is the Trade and Companies Register, the SIREN identifies the legal entity, the SIRET identifies an establishment, and the Kbis evidences the registration of a commercial company. The INPI, the National Institute of Industrial Property, operates the electronic one-stop shop, but it does not decide every registration and does not control the greffe’s workload.<\/p>\n

For planning purposes, a foreign founder should normally reserve two to four weeks from a genuinely ready project to a usable registration package, while allowing more time where a bank, a foreign-language document, an apostille, a regulated activity, several shareholders or a registry request is involved. The relevant question is not whether a platform advertises a five-day result. It is whether every pre-filing step is complete, whether the foreign documents can be used in France, and whether the company can lawfully sign or trade while it is still being formed.<\/p>\n

This article separates those clocks and explains what to do when the file stalls. It is intended for founders and companies based outside France. It does not address the personal immigration position of a founder moving to France. For the broader corporate-formation framework, see the firm’s French company formation and corporate structuring page<\/a>.<\/p>\n

I. How long does it take to set up a company in France?<\/h2>\n

A. What must be completed before the INPI filing?<\/h3>\n

The first planning mistake is to start counting when the founder opens the INPI form. For a company, the clock starts earlier. A normal commercial-company file requires a legal form, signed articles of association, a registered office, a share-capital solution, a publication in an authorised legal-announcement medium, the identity of the directors and shareholders, a declaration of beneficial owners, and the supporting documents requested for the particular structure. The official Service-Public.fr guide to company registration formalities<\/a> describes these steps as part of the creation process.<\/p>\n

Article R. 210-1 of the French Commercial Code states, in the exact wording returned by the official Legifrance source: \u201cLes soci\u00e9t\u00e9s commerciales sont immatricul\u00e9es au registre du commerce et des soci\u00e9t\u00e9s dans les conditions d\u00e9finies par le livre Ier. La demande d’immatriculation est pr\u00e9sent\u00e9e apr\u00e8s accomplissement des formalit\u00e9s de constitution de la soci\u00e9t\u00e9.\u201d In other words, an online submission is the last stage of constitution, not a substitute for the constitution work. See Article R. 210-1 of the Commercial Code<\/a>.<\/p>\n

The choice of structure changes the preparation time. A SAS, or soci\u00e9t\u00e9 par actions simplifi\u00e9e<\/em>, usually allows substantial freedom in the articles but may require careful drafting of voting rights, transfer restrictions, preferred shares and the powers of the president. A SARL, or soci\u00e9t\u00e9 \u00e0 responsabilit\u00e9 limit\u00e9e<\/em>, has a more statutory framework and may be appropriate for a closely held operating business. A branch, called a succursale<\/em>, is not a separate legal person and requires the foreign company’s constitutional and registration documents. A subsidiary is a new French legal person. These choices cannot safely be treated as a form-selection click when investors, a foreign parent, a French employee or a regulated activity is involved.<\/p>\n

For a foreign founder, the registered-office document is often the first hidden delay. The company must be able to show a usable French address and the legal basis for occupying it: a lease, a domiciliation contract, an ownership document, a host-company authorisation or another accepted document. A virtual address that cannot issue the required proof, a document bearing a different company name, or an address that does not match the articles can trigger a request for correction. The registered office is not a decorative line. It determines the competent registry office and appears in the company’s public information.<\/p>\n

The capital stage creates a separate banking clock. For a company with cash contributions, the funds are deposited with a bank, a notary or another authorised depositary, and the company receives an attestation of deposit. A foreign founder should ask in advance which identity, source-of-funds and corporate documents the depositary will accept. A bank may take longer than the legal-notice publisher or may refuse to issue a certificate until the articles, shareholder chain and foreign corporate records have been reviewed. A bank’s refusal to open an ordinary operating account is not necessarily the same as a refusal to receive a capital deposit, but the distinction must be managed from the start.<\/p>\n

The legal notice is another pre-filing step. It must reflect the company name, form, capital, registered office, object, duration and directors in the wording required for the relevant form. An inaccurate notice can create a mismatch between the published information and the INPI filing. Correcting the notice may require a second publication or at least a written explanation, which destroys the supposed speed advantage of filing before checking the final articles.<\/p>\n

The beneficial-owner declaration is the filing that identifies the natural persons who ultimately own or control the company. A foreign parent does not remove this requirement. The file should map the ownership chain to the individual at the end of it, record control rights where they differ from share ownership, and explain any trust, nominee, intermediate holding or shareholder agreement that affects control. The information on the declaration must be consistent with the articles, the share-capital table and the foreign company’s corporate records.<\/p>\n

The legal personality rule explains why these preliminaries matter. Article 1842 of the Civil Code provides: \u201cLes soci\u00e9t\u00e9s autres que les soci\u00e9t\u00e9s en participation vis\u00e9es au chapitre III et que les soci\u00e9t\u00e9s de libre partenariat sp\u00e9ciales mentionn\u00e9es \u00e0 l’ article L. 214-162-13 du code mon\u00e9taire et financier jouissent de la personnalit\u00e9 morale \u00e0 compter de leur immatriculation.\u201d The same provision adds that, before registration, the relations between shareholders are governed by the company contract and the general principles applicable to contracts and obligations. See Article 1842 of the Civil Code<\/a>.<\/p>\n

This means that the founder’s preparation period is legally real even though the company does not yet have its own legal personality. A founder can negotiate a lease, arrange a deposit of capital, commission translations and prepare contracts. The signature must, however, reflect the status of the company in formation and identify the person who is undertaking the act pending registration. Treating the future company as if it already existed is a different and riskier proposition.<\/p>\n\n\n\n\n\n\n\n\n\n\n
Pre-filing step<\/th>\nWhat controls the time<\/th>\nWhat a foreign founder should prepare<\/th>\n<\/tr>\n<\/thead>\n
Structure and articles<\/td>\nNumber of shareholders, governance, activity, investment terms and negotiations<\/td>\nFinal ownership chart, powers, transfer rules, object and signed articles<\/td>\n<\/tr>\n
Registered office<\/td>\nAvailability of the premises and proof accepted for the address<\/td>\nLease, domiciliation contract or host authorisation matching the company file<\/td>\n<\/tr>\n
Capital deposit<\/td>\nBank or notary onboarding, source-of-funds review and certificate issue<\/td>\nPassports, corporate records, shareholder chain, payment trail and deposit instructions<\/td>\n<\/tr>\n
Legal notice<\/td>\nCorrect wording and publication by an authorised medium<\/td>\nFinal articles and a checked notice proof before publication<\/td>\n<\/tr>\n
Foreign documents<\/td>\nLegalisation or apostille, certified translation and consistent names<\/td>\nOriginals, current certificates, French translations and a document index<\/td>\n<\/tr>\n
Beneficial owners<\/td>\nComplexity of the ownership or control chain<\/td>\nShare register, control analysis, passports and explanations for intermediate entities<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

A practical best-case schedule may therefore look like this: two to five business days to finalise the articles and collect documents; one to five business days for capital-deposit onboarding; one to three business days for the legal notice; and a further period for the registry to review the complete filing. These are planning ranges, not legal guarantees. If the foreign parent must obtain a recent certificate of incumbency, a certificate of good standing, a board resolution or a power of attorney, the document-production time can exceed the actual electronic filing time.<\/p>\n

Signatures create a particular issue for overseas founders. A document signed by a foreign company representative may require evidence of authority, a board resolution, legalisation, an apostille or a certified translation, depending on the country of origin and the document. A French translation should preserve names, dates, company numbers and the scope of the authority. A translated name that does not match the passport or the foreign registry extract can produce a preventable inconsistency. The correct response is to create a document matrix before filing, not to upload a larger number of unexplained attachments.<\/p>\n

The INPI’s own guidance also warns that final validation is not an informal save. The founder should review the final summary, attachments, signatures, payment and declarations together. Once a filing has been definitively validated, the correction route may be a new modification or a response to a request from the competent authority. A foreign founder who plans a filing around a flight, a financing closing or a first employee should therefore add a buffer for a formal correction.<\/p>\n

B. What is the real timeline after the dossier is submitted?<\/h3>\n

After submission, three institutions or functions are easily confused. The Guichet unique, operated through the INPI system, receives and transmits the formalities. The competent authorities examine the information and supporting documents. For a commercial company’s registration, the greffe of the relevant commercial court decides the registration in the RCS and issues the Kbis once the registration has been completed. The National Institute of Statistics and Economic Studies, or INSEE, assigns SIREN and SIRET identifiers within the administrative chain. The INPI portal is therefore not a single authority with a single guaranteed processing time.<\/p>\n

Article R. 123-2 of the Commercial Code defines the function of the electronic one-stop shop. Its exact text states that the system allows the declarant \u201cde b\u00e9n\u00e9ficier d’une information sur le suivi et le d\u00e9lai pr\u00e9visible de traitement de son dossier par les organismes destinataires et autorit\u00e9s comp\u00e9tentes, depuis la r\u00e9ception de celui-ci jusqu’aux d\u00e9cisions rendues ou prestations r\u00e9alis\u00e9es\u201d. See Article R. 123-2 of the Commercial Code<\/a>. This is a right to information and tracking, not a promise that every company will be registered on a fixed number of days.<\/p>\n

The official INPI FAQ on formalities and Kbis timing<\/a> makes the allocation of responsibility explicit: \u201cLe Guichet unique n\u2019est pas en charge de d\u00e9livrer votre Kbis et ne peut donc pas vous donner d\u2019information pr\u00e9cise sur le d\u00e9lai de traitement.\u201d The Kbis is communicated by the competent greffe after it validates the formalit\u00e9. A founder who sees the INPI status change to \u201ctransmitted\u201d should not read that status as registration.<\/p>\n

Several identifiers may appear before the Kbis or at a different time. The SIREN is the nine-digit number of the legal entity. The SIRET combines that number with a five-digit establishment number. The RNE is the national register that consolidates business-registration information. The RCS remains the commercial register relevant to a commercial company. The Kbis is an extract from the RCS, not a tax certificate, a bank certificate or an immigration document. The BODACC, the Official Bulletin of Civil and Commercial Announcements, can publish certain notices, but a BODACC notice is not a substitute for checking the company’s actual registration data.<\/p>\n

Article R. 210-5 of the Commercial Code illustrates the importance of the registration moment for a SARL. It provides: \u201cLors de la constitution d’une soci\u00e9t\u00e9 \u00e0 responsabilit\u00e9 limit\u00e9e, l’\u00e9tat des actes accomplis pour le compte de la soci\u00e9t\u00e9 en formation, avec l’indication, pour chacun d’eux, de l’engagement qui en r\u00e9sulterait pour la soci\u00e9t\u00e9, est pr\u00e9sent\u00e9 aux associ\u00e9s avant la signature des statuts.\u201d The provision explains that the list can be annexed to the articles and that registration can carry the takeover of the specified commitments. See Article R. 210-5 of the Commercial Code<\/a>. The exact takeover mechanism differs according to the structure and the documents used, so a SARL rule should not be copied mechanically into a SAS file.<\/p>\n

For planning, distinguish the following milestones:<\/p>\n

    \n
  1. Receipt and technical acceptance:<\/strong> the portal receives the form, payment and attachments and makes the file available for transmission.<\/li>\n
  2. Transmission:<\/strong> the file is sent to the greffe and other competent bodies. The portal may display a tracking status, but transmission is not registration.<\/li>\n
  3. Substantive review:<\/strong> the greffe checks the company’s identity, form, address, directors, constitutive documents and required declarations. Other authorities may review regulated activities or professional qualifications.<\/li>\n
  4. Registration:<\/strong> the company is entered in the relevant register and the identifiers and public information are updated.<\/li>\n
  5. Kbis and post-registration activation:<\/strong> the registry extract becomes available, the capital can normally be released under the depositary’s rules, and the founder can complete bank, tax, accounting and social-security onboarding.<\/li>\n<\/ol>\n

    A complete standard file may be processed in a matter of days after transmission, but a foreign-founder file should be planned on the basis of one to three weeks after a complete submission, not on a promotional promise. The total creation period can be longer because the capital account, translations and legal notice precede the submission. The strongest answer to \u201chow long does it take?\u201d is therefore a range attached to a defined starting point: \u201cfrom a complete and accepted filing\u201d is not the same as \u201cfrom the first conversation with a bank\u201d.<\/p>\n

    Case law also shows why a later correction cannot always be treated as if it had changed the earlier legal position. In Cour de cassation, Third Civil Chamber, 3 May 2011, appeal no. 10-15.428<\/a>, the Court verified the decision and quoted: \u201cMais attendu qu’ayant constat\u00e9 que M. Y… n’\u00e9tait pas, \u00e0 la date du cong\u00e9, inscrit au registre du commerce et des soci\u00e9t\u00e9s au titre de l’activit\u00e9 exerc\u00e9e dans les locaux lou\u00e9s, la cour d’appel a, par ce seul motif, l\u00e9galement justifi\u00e9 sa d\u00e9cision.\u201d The case concerned a commercial lease rather than a new-company filing, but the operational lesson is important: when a legal condition must exist on a particular date, a later registry correction may not automatically cure the earlier absence.<\/p>\n

    Foreign founders should therefore keep a dated evidence file: the signed articles, the payment receipt, the legal-notice certificate, the capital attestation, the INPI summary, the submission confirmation, every request for additional information, each reply, and the registration notice. This file is useful if a bank asks why the company is not yet fully activated, if a counterparty wants proof of authority, or if the founder must demonstrate that a contract was signed for a company in formation rather than by a legal person that did not yet exist.<\/p>\n

    II. What delays a French company formation and what should a foreign founder do?<\/h2>\n

    A. Which documents and defects create a delay?<\/h3>\n

    The most common delay is not the time taken by the platform to transmit a file. It is a mismatch between the information in the articles, the legal notice, the capital certificate, the beneficial-owner declaration and the identity documents. A French registry can ask for clarification where the company’s name, activity, address, ownership or management cannot be reconciled. For a foreign founder, the mismatch may be as simple as a missing middle name, a different transliteration, an outdated foreign registry extract or a translation that uses a different legal form.<\/p>\n

    The first document group is personal identity and authority. Prepare a valid passport or identity document for each person whose details are requested, evidence of the director’s authority, a non-conviction declaration where required, and any document showing the nationality or address information used in the filing. If a corporate shareholder appoints the director, include the foreign company’s current registry extract, articles or equivalent constitutional record, the ownership chain and the board or shareholder resolution authorising the investment and the representative’s signature.<\/p>\n

    The second group is proof of the registered office. The name of the contracting party, the address, the term, the right to receive mail and the right to use the address for company registration should be apparent. A domiciliation company may request anti-money-laundering information and the identity of the beneficial owners before issuing a contract. A landlord may need to confirm that the premises can be used as a registered office. When the address is hosted by another company, the host’s authorisation and the relationship between the companies should be documented.<\/p>\n

    The third group is foreign-language material. A registry may need a French translation of a foreign certificate or corporate resolution. An apostille authenticates the origin of a public document in countries participating in the Hague Apostille Convention; legalisation is a different authentication route. Neither process, by itself, proves that the document contains the correct corporate information or that the signatory has current authority. The file should identify the issuing authority, issue date, validity period, authentication route and translator.<\/p>\n

    The fourth group is the activity. A description copied from a foreign business plan may be too broad, too vague or incompatible with a regulated activity. If the French activity requires an authorisation, qualification or professional registration, the relevant evidence should be ready before filing. A delay caused by an absent regulatory document is different from a delay caused by the INPI or greffe. The distinction matters when deciding whether to wait, correct, change the object or abandon the proposed structure.<\/p>\n

    The fifth group is the capital and ownership evidence. The bank certificate should identify the company in formation and the amount deposited. The shareholder table must reconcile with the capital stated in the articles. If the foreign parent funds the company, keep the transfer instruction, the source-of-funds explanation and the corporate approval. If the founder uses a shareholder loan rather than an equity contribution, the document should not be presented as a capital deposit. A bank, registry and tax authority may all ask the same commercial question from different legal angles.<\/p>\n

    A filing error is not merely a technical inconvenience. Article L. 123-38 of the Commercial Code states: \u201cLe fait de donner, de mauvaise foi, des indications inexactes ou incompl\u00e8tes en vue d’une immatriculation, d’une modification de sa situation ou de la radiation du registre national des entreprises d’une personne mentionn\u00e9e aux 2\u00b0 \u00e0 6\u00b0 de l’article L. 123-36 est puni d’une amende de 4 500 euros et d’un emprisonnement de six mois.\u201d See Article L. 123-38 of the Commercial Code<\/a>. A good-faith mistake is not automatically the offence described by this provision, but it is a reason to correct the file carefully rather than repeat an assertion that the evidence does not support.<\/p>\n

    When the greffe or another authority asks for a correction, the founder should do four things immediately. First, save the notice and identify the authority, the file number and the precise deadline. Second, compare the request with the original articles, legal notice, ownership table and uploaded documents. Third, prepare one coherent correction package with an index and an explanatory note. Fourth, upload the correction through the designated channel and keep proof of transmission. Sending different explanations to the bank, the portal and the greffe can create a new inconsistency even when the original issue was minor.<\/p>\n

    Do not assume that the applicant can edit a definitively validated formalit\u00e9 as if it were a draft. The INPI FAQ on formalities<\/a> states that a final validation cannot simply be modified and that another modification formalit\u00e9 may be needed. If the notification asks for a missing document, answer that notification. If the file has been refused, establish whether the correct next step is a rectification, a new submission or a challenge to the decision. The route depends on the status shown in the portal and the authority that issued the request.<\/p>\n

    The founder should also separate a delay that can be cured from a structural defect. A missing translation is usually a document problem. A company name that conflicts with an existing sign, an object that requires an unavailable licence, a registered office that cannot be used, or an ownership chain that cannot identify a natural person may require a different business decision. Filing again with the same defect can create cost and delay without improving the legal position.<\/p>\n

    After the Kbis, the work is not finished. The official impots.gouv.fr creation guidance<\/a> explains that the creation form communicates the business information to the commercial registry, INSEE, the tax authorities and social bodies. The founder still has to monitor the tax mailbox, select or confirm tax options, organise VAT reporting, set up the professional tax account and provide the accounting records needed for the first period. The professional account page<\/a> explains how the company can declare and pay professional taxes and consult its tax account.<\/p>\n

    For an English-speaking founder, the safest workflow is to create a bilingual terminology list before the submission. For example, greffe<\/em> means the registry office; Guichet unique<\/em> means the one-stop shop for business formalities; URSSAF<\/em> is the body that collects much of France’s social-security contributions; SIE<\/em> means the business tax service, or service des imp\u00f4ts des entreprises<\/em>; and BODACC<\/em> is the Official Bulletin of Civil and Commercial Announcements. Using the correct French term in an English explanation helps the founder identify the right status message and the right authority when something stops moving.<\/p>\n

    B. Can you operate before receiving the Kbis?<\/h3>\n

    The short answer is that preparation and legally binding operation are not the same. Before registration, the company does not yet enjoy the legal personality of a registered commercial company. Article L. 210-6 of the Commercial Code states: \u201cLes soci\u00e9t\u00e9s commerciales jouissent de la personnalit\u00e9 morale \u00e0 dater de leur immatriculation au registre du commerce et des soci\u00e9t\u00e9s.\u201d The same article provides that people who act for a company in formation are jointly and indefinitely responsible for those acts unless the regularly constituted and registered company takes over the commitments. See Article L. 210-6 of the Commercial Code<\/a>.<\/p>\n

    Article 1843 of the Civil Code expresses the same risk in a general form: \u201cLes personnes qui ont agi au nom d’une soci\u00e9t\u00e9 en formation avant l’immatriculation sont tenues des obligations n\u00e9es des actes ainsi accomplis, avec solidarit\u00e9 si la soci\u00e9t\u00e9 est commerciale, sans solidarit\u00e9 dans les autres cas. La soci\u00e9t\u00e9 r\u00e9guli\u00e8rement immatricul\u00e9e peut reprendre les engagements souscrits, qui sont alors r\u00e9put\u00e9s avoir \u00e9t\u00e9 d\u00e8s l’origine contract\u00e9s par celle-ci.\u201d See Article 1843 of the Civil Code<\/a>.<\/p>\n

    The contract should therefore identify the status correctly. A typical formulation states that the individual signs \u201cin the name and on behalf of [company name], a company being formed, subject to its registration and takeover of the commitment\u201d. The wording alone is not a magic shield. The act must be identifiable, the person signing must have authority to undertake it, and the documents of the future company must permit the eventual takeover. The articles, an annexed list of acts or a specific mandate can be used depending on the structure and the act.<\/p>\n

    In Cour de cassation, Commercial Chamber, 21 February 2012, appeal no. 10-27.630<\/a>, the Court verified the appeal number and the full decision. It held, in exact terms: \u201cMais attendu, en premier lieu, qu’apr\u00e8s avoir constat\u00e9 que les deux conventions n’avaient pas \u00e9t\u00e9 souscrites au nom d’une soci\u00e9t\u00e9 en formation, mais par la soci\u00e9t\u00e9 Dolce Vita elle-m\u00eame, l’arr\u00eat rel\u00e8ve qu’elles ont \u00e9t\u00e9 conclues \u00e0 une date \u00e0 laquelle cette derni\u00e8re n’\u00e9tait pas encore immatricul\u00e9e au registre du commerce et des soci\u00e9t\u00e9s et n’avait donc pas la personnalit\u00e9 juridique lui permettant de contracter ;\u201d The Court then treated the conventions as null because they had been concluded by a company that did not yet have legal personality. The practical point is direct: do not sign as if the future company already exists.<\/p>\n

    The same decision also states: \u201cla nullit\u00e9 affectant les actes conclus par une soci\u00e9t\u00e9 d\u00e9pourvue d’existence juridique a le caract\u00e8re de nullit\u00e9 absolue\u201d. That passage is a warning against assuming that later registration will automatically cure an act that was signed in the name of a nonexistent legal person. The safer route is to sign in the name of the person or persons acting for the company in formation and to document the future takeover.<\/p>\n

    A more recent decision shows the importance of the wording and the surrounding evidence. In Cour de cassation, Commercial Chamber, 28 May 2025, appeal no. 24-13.435, ECLI:FR:CCASS:2025:CO00297<\/a>, the Court quoted the exact rule: \u201cIl appartient au juge d’appr\u00e9cier souverainement, par un examen de l’ensemble des circonstances, tant intrins\u00e8ques \u00e0 l’acte qu’extrins\u00e8ques, si la commune intention des parties n’\u00e9tait pas que l’acte f\u00fbt conclu au nom ou pour le compte de la soci\u00e9t\u00e9 en formation.\u201d The Court set aside the lower decision because it had not examined all the circumstances to determine whether the parties intended the transaction to be made for the company in formation. This does not eliminate the need for careful drafting; it shows why the whole contractual record matters.<\/p>\n

    Before the Kbis, a founder can normally carry out preparatory acts such as negotiating premises, arranging capital, instructing an accountant, ordering a translation and preparing a legal notice. A lease, equipment order, software subscription, professional insurance policy or employment arrangement may also be possible if it is signed for the company in formation and the takeover mechanics are clear. The founder should avoid presenting a future company as already registered, using a non-existent SIREN, issuing documents that imply the Kbis exists, or opening a business relationship that requires proof of a legal entity before registration.<\/p>\n

    Starting to trade before registration raises additional issues. The company cannot make the registration certificate disappear by using a brand name. A customer, bank or supplier may require the registered entity’s legal name, registration number, VAT number or beneficial-owner information. If the founder invoices personally, the tax and social consequences are different from those of a French company. If the founder invoices in the name of the future company, the act must be analysed under the rules on a company in formation and the risk remains with the signatories until a valid takeover occurs.<\/p>\n

    Employees require particular care. A foreign founder should not promise that the French company can employ staff before it has the identity and registration information required for payroll, social declarations and the employer account. The DPAE<\/em>, or d\u00e9claration pr\u00e9alable \u00e0 l’embauche<\/em>, is the pre-hiring declaration to the social-security system. It is not a substitute for the company’s legal existence or for a payroll organisation. If a worker must start before the Kbis, examine whether another entity is the true employer, whether the future company can validly take over the arrangement, and which entity bears the wage, social and employment-law responsibilities.<\/p>\n

    VAT is also separate from the Kbis. A company may need a French VAT number, an intra-Community VAT number or a tax representative depending on its activity, customers, supplies and place of establishment. Registration for VAT is not a licence to pretend that the company is already registered in the RCS. The founder should confirm the invoice sequence, the legal name and the tax status with the business tax service before sending the first invoice. This is particularly important for services supplied cross-border or for transactions where the customer requires a valid VAT number.<\/p>\n

    Once the Kbis is available, complete a controlled activation checklist:<\/p>\n