France SAS companies offer limited liability with minimal capital (€1) but French naming rules are strict. 30% of applications delayed due to name conflicts with existing companies.
SAS vs SARL
SAS (Société par Actions Simplifiée) gives flexible governance and easier investor entry. SARL (Société à Responsabilité Limitée) has rigid shareholder limits (max 100).
Choose SAS if raising funds or planning acquisition. Choose SARL for small family business with stable ownership.
Name Availability
Check Infogreffe company registry before filing. French law prohibits names identical or confusingly similar to existing companies in same département.
Use Infogreffe search to verify availability. Search nationwide, not just local - judges interpret "confusing similarity" broadly.
23% of SAS registrations delayed by name objections. Most common issue: Similar name in nearby département within same industry.
Mandatory Suffixes
Name must end with "SAS" or "Société par Actions Simplifiée". Cannot abbreviate to avoid confusion.
Example: "TechVenture SAS" is valid. "TechVenture S.A.S." or "TechVenture" alone are rejected.
Forbidden Words
Cannot use: "France", "National", "Royal", "Imperial", "Government" without authorization. Banking terms ("Bank", "Credit", "Insurance") require financial license.
Professional services ("Avocat", "Expert-Comptable", "Architecte") restricted to qualified professionals only.
INPI Trademark
Register trademark with Institut National de la Propriété Industrielle (INPI) before company formation. Costs €190 for 1 class, €40 per additional class.
Processing time: 5-6 months including 2-month opposition period. File electronically via INPI website.
Nice Classification
Choose classes carefully. French examiners strictly enforce descriptive mark rejections in wrong classes.
Example: "TechSolutions" in Class 42 (IT services) likely approved. Same name in Class 9 (software products) likely rejected as descriptive.
File in Class 35 (advertising/business management) alongside your core class. Blocks competitors from using your name in marketing even if different industry.
Formation Timeline
Draft statutes (statuts): 1-2 weeks with lawyer (€1,500-3,000). Notarize real estate contributions if applicable: 3-5 days (€800-1,200).
Deposit capital in blocked bank account: 1-3 days. Register with Guichet Unique: 4-7 business days. Receive SIREN/SIRET: immediate after registration.
Register for TVA (VAT): automatic. Publication in legal gazette (JAL): €150-200, required within 1 month.
Costs Breakdown
Infogreffe registration: €37.45 + €21.41 legal notice fee. Legal gazette publication: €150-200. Company statutes drafting: €1,500-3,000 (lawyer).
Bank account opening: €0-50. First year accounting: €1,200-2,400. INPI trademark: €190 base + €40/class.
Optional: Registered office domiciliation service €40-80/month if no physical address.
Total minimum: €3,000-5,000 for basic SAS with legal advice. Budget €8,000-12,000 with trademark and full legal support.
Capital Requirements
Minimum €1 share capital (symbolic). But banks often require €1,000-5,000 minimum to open business account.
Capital can be cash, assets, or intellectual property. Must be deposited in blocked account until SIREN issued.
Blocked account trap: Capital locked for 2-8 weeks during formation. Don't deposit operating cash - use minimum required only.
President Role
SAS requires President (Président) as legal representative. Can be individual or another company. No French residency required.
President has broad powers unless statutes restrict. Can hire Director-General (Directeur Général) for day-to-day operations.
Foreign Presidents
Non-EU nationals can be President but may need visa for prolonged stays. French social security mandatory if working from France regularly.
Consider appointing French resident as President if you're outside EU - simplifies bank account opening and government correspondence.
Common Mistakes
Filing without Infogreffe search: 23% rejection rate. Using similar name to competitor in different département: Lawsuit risk within 5 years.
Forgetting legal gazette publication: €750 fine plus nullification risk. Not blocking trademark before filing: Competitor can register your company name as their trademark.
Depositing full operating capital in blocked account: Cash unavailable for 2-8 weeks. Appointing non-French President without considering bank requirements: Account opening delayed 3-6 months.
Post-Formation
Join Chamber of Commerce (CCI): €200-500/year mandatory. Register for professional insurance if required: €500-2,000/year.
File annual accounts with Greffe: Due 6 months after fiscal year end, €45 filing fee. Failure to file: €1,500 fine.
TVA declaration: Monthly or quarterly depending on turnover. Corporate tax: 15% on first €42,500 profit, 25% above.
Trademark Lens verifies business name availability before €3,000-12,000 French SAS formation and legal costs.