A foreign founder can have signed articles, paid the share capital and submitted a complete filing to the French one-stop shop, yet still be unable to answer a bank or investor\u2019s first question: what document proves that the French company legally exists, who may bind it, and whether the information is current? The answer is not a single universal certificate. A Kbis, an RNE registration certificate, a SIREN number, a SIRET number and a filing receipt prove different stages and different facts.<\/p>\n
This distinction matters when a foreign bank opens a corporate account, when an investor releases funds, when a group signs an intercompany agreement, or when a regulated supplier asks for evidence before onboarding the new French entity. The French terms also create avoidable confusion: INPI<\/em> is the National Institute of Industrial Property, RCS<\/em> is the Trade and Companies Register, RNE<\/em> is the National Register of Enterprises, greffe<\/em> means the court registry, and Kbis<\/em> is the official company extract issued by the competent registry.<\/p>\n This article sets out a document strategy for a foreign-owned Soci\u00e9t\u00e9 par Actions Simplifi\u00e9e (SAS, simplified joint-stock company), Soci\u00e9t\u00e9 par Actions Simplifi\u00e9e Unipersonnelle (SASU, one-person SAS), Soci\u00e9t\u00e9 \u00e0 Responsabilit\u00e9 Limit\u00e9e (SARL, private limited company), or another French company. It explains what each document proves, how the company\u2019s authority and beneficial-owner chain must be added, how foreign documents should be prepared, and what to do when a bank, investor or registry rejects an otherwise genuine file.<\/p>\n The legal starting point is registration, not the signature of the articles. Article 1842 of the French Civil Code<\/a> states that companies other than the specified exceptions \u201cjouissent de la personnalit\u00e9 morale \u00e0 compter de leur immatriculation<\/em>\u201d. For a commercial company, Article L. 210-6 of the Code de commerce<\/a> uses the same practical rule: \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.<\/em>\u201d A signed constitution file therefore shows an intended company; registration shows the company as a legal person.<\/p>\n That distinction should govern the document sent to a foreign bank or investor. A receipt issued while the filing is being processed can explain that an application exists. It does not necessarily prove that the company can hold assets, enter into contracts in its own name or receive an investment as an existing legal person. The Court of Cassation made that point in Commercial Chamber, 29 November 2023, no. 22-21.623<\/a>: the company acquires legal personality at RCS registration, and people acting for a company in formation remain exposed unless the registered company later takes over the commitments. A foreign investor should not treat \u201ccompany in formation\u201d as interchangeable with \u201cregistered French subsidiary\u201d.<\/p>\n Four documents are often confused:<\/p>\n The INPI\u2019s official explanation of documents proving an enterprise\u2019s existence<\/a> describes the RNE certificate as a document that proves legal existence and confirms the information entered in the RNE. It explains that the certificate can be obtained through DATA INPI and that it includes the SIRET, registration date, APE code, main activities and, where applicable, share capital. The same page explains that the Kbis is an official document issued by the commercial court registries and that the greffe provides it after the formality has been validated. The INPI Guichet unique transmits the filing; it is not the issuer of the Kbis.<\/p>\n A bank or investor asking for \u201ca Kbis\u201d may therefore be asking for a recent RCS extract because it wants the registered company\u2019s legal identity, form, registered office, directors and registry status. If it accepts an RNE certificate, that document may be sufficient to establish the registration facts, but the counterparty may still ask for articles, a director resolution and beneficial-owner evidence. Acceptance policies are not identical. A company should ask the recipient whether it requires an RCS Kbis, an RNE certificate, or both, rather than arguing after submitting the wrong document.<\/p>\n The statutory framework supports this layered approach. Article L. 123-1 of the Code de commerce<\/a> identifies companies and certain other entities that are registered in the RCS. Its wording begins: \u201cIl est tenu un registre du commerce et des soci\u00e9t\u00e9s auquel sont immatricul\u00e9s, sur leur d\u00e9claration<\/em>\u201d. The RCS is therefore a public legal registry, not merely a private directory. The RNE is the wider national register that centralises enterprise information. The two systems interact, but a document from one registry should not be described as if it were issued by the other.<\/p>\n A useful first-stage pack for a foreign bank or investor is the following:<\/p>\nI. What proves that a French company legally exists after the INPI filing?<\/h2>\n
A. Which document should a foreign bank or investor request: Kbis, RNE extract, or filing receipt?<\/h3>\n
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