Commercial Law

Contracts and Agreements

Our firm will advise you regarding commercial law and practises, and will draft any documents that you may require, such as confidentiality agreements, letters of intent, precontractual agreements, etc.

We can also assist you in setting up distribution networks, as well as the drafting of franchising agreements, selective or exclusive distribution agreements, trademark license agreements, advertising and sales agency agreements.

We assist you in the drafting of all business contracts, such as subcontracting agreements, licenses of expertise, cooperation agreements, general conditions of purchase or sale, pricing agreements, special sales agreements, joint venture agreements, etc

Formation of Companies

The Laforgue Law Firm advises and assists you in all stages of company formation, from determination of the most appropriate legal form to the drafting of articles of association and their registration on your behalf.

Choosing the best form: Limited liability companies are permitted in France and are incorporated under the form of either a “société anonyme” (SA), a “société par actions simplifiée” (SAS) or a “société à responsabilité limitée” (SARL). These different types of corporations are governed by the law regarding commercial companies of July 24, 1966, codified in the Commercial Code.

It is also possible to register your company in France and apply for a registration number as a foreign company at the "Registre du Commerce et des Sociétés".Under this law, the SA and the SAS are stock companies whose shares are freely transferable and negotiable unless their by-laws provide otherwise.

Unlike the rules applicable to the SA, the rules governing the SARL are aimed at preserving personal bonds between shareholders as the shares of a SARL are not freely negotiable, and any new shareholder must be approved by a vote of the other shareholders.

Hence, the form most widely used in France is currently the "société à responsabilité limitée" (SARL), which has the great advantage of providing limited liability for shareholders while also allowing a relatively  simple structure of company governance. This form is commonly used by small-to-medium size companies as there is no required minimum of registered capital.

Drafting of Articles of Association: We prepare all the legal documents required to create a company, which includes the drafting of by-laws and Articles of association that are best suited to meet your needs and accommodate your particular situation.

We also prepare and conduct the meetings of the Board of Directors, Management Board, Supervisory Board, Shareholders, etc.

Registration Process: Registering a company is the first and most important step in conducting a business in France.  Your company must be registered in order to hire local labor, open a bank account, import equipment, import or export materials, etc. A company does not become a legal entity until it is registered; hence, it cannot act in its own name prior thereto. We take care of all legal publications required by law, registration at the office of the Commercial Court and in the Registry of Trade for French Companies.