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TABLE OF CONTENTS

INTRODUCTION :
The European Union (EU)
The European Free Trade Area (EFTA)
The forthcoming accession of the Central and Eastern European states
Transatlantic economic relations

Part 1 - General Comments Concerning the EU

A. From the Treaty of Rome to the Treaty of Maastricht

B. The Institutions of the EU
a. The Parliament
b. The Council
c. The Commission
d. European Court of Justice
e. Economic and Social Committee
f. Comity of Regions
g. Economic and Monetary Union (EMU)
C. Legislative Acts
D. The Common Market
a. Free Movement of Goods
b. Free Movement of Services
c. Free Movement of Persons
d. Free Movement of Capital
e. The Schengen Agreement

Part 2 - Establishing in France

A. Different Forms of Presence

1- Basic setting-up
a. Setting up without officially registered representation
b. The liaison office : Exempt from corporate income tax and VAT
c. Branch offices : A good temporary arrangement

2- Limited Liability Companies
a. Société Anonyme (SA)
b. Société Anonyme Simplifiée (SAS)
c. Société à Responsabilité Limitée (SARL)
d. Entreprise Unipersonnelle à Responsabilité Limitée (EURL)

3 - French Partnerships and Similar Structures and Non-corporate Contractual Arrangements
a. Société en nom collectif (SNC)
b. Groupement d'intérêt commun (GIE)

4 - Distributorship Agreements
a Distributorship Agreement
b. Commercial Agency Agreement
c. Franchise Agreement

5 - Joint Ventures in France

B. Investment Incentives Available

1 - The "Prime d'Aménagement du Territoire" (P.A.T) granted by the DATAR
2 - The Regional Grant for New Businesses (P.R.C.E.)
3 - The Redevelopment Agencies
4 - Preferential Tax Regimes
5 - Temporary exemption from the Business tax
6 - Tax exemptions are available for acquisitions of ailing firms
7 - National social measures
8 - Research & Development
9 - Local financial support
10 - Export guarantees and financial assistance

C. Conditions Required for Establishing Presence

a. The Export of Capital to France
b. The Export of Goods to France
    (i) Customs regulations
    (ii) Value Added Tax (VAT)
    (iii) Exemptions from customs duty and the VAT
c. The Export of Services to France
d. Conditions imposed on non-EU workers in France
    (i) long-term Visas
    (ii) Business Permits
    (iii) Social Welfare; Employment Conditions

D. Certain Rules Concerning Some Specific Fields of Services

a. Architects
b. Management Consultants
c. Audio-Visual Communications
d. Data Processing
e. Advertising

 

A Guide to Exporting to Europe
An Advisory Paper Presented by the International Law Firm
SCP Weissberg - Gaetjens - Ziegenfeuter
Copyright 1997-2000 WGZ


II. ESTABLISHING IN FRANCE

B. Investment Incentives Available :
To stimulate industrial development, the French government and local authorities have implemented a wide range of financial incentives specifically tailored to industrial research and development. These programs are often supervised by the Community. A foreign investor can benefit from investment aids created in order to promote and maintain employment by the reorganization or reorientation of industries experiencing economic difficulties. The various incentive programs available in France are frequently coordinated at the national level by the Délégation à l'Aménagement du Territoire et à l'Action Régionale (DATAR) and at the local level by the municipalities. Thus, for example;

1. The "Prime d'Aménagement du Territoire" (P.A.T) granted by the DATAR.

DATAR provides grants to finance up to 33% of a given investment in land, buildings and/or equipment purchased during the first three years of operation. The criteria to be eligible include site selection, the number of jobs created or to be created and the benefits for local industry. The amount allocated to the proposed operations is determined by a government committee. One-third of the grant is paid at the beginning of the investment program, and the remainder is paid in two installments as the project moves towards completion.
To prevent distortion of completion within the European Union, the Commission has set limits on total public assistance which vary according to the area concerned. In a few areas, notably the area around Longwy in Eastern France, parts of the North and Corsica, the ceiling is as high as 28% or even 33% of investment in property, plant and equipment. In some other areas, only independent companies with fewer than 250 employees can benefit from public assistance and then, at a low rate.

2. The Regional Grant for New Businesses (P.R.C.E.)

The Regional Grant for New Businesses (P.R.C.E) is given by Regions with no geographical limitations. It may be combined with the P.A.T. and is reserved to young companies registered for less than 12 months, which are likeley to create a minimum number of jobs.
The advantage takes the form of a pre-tax ceiling (150,000 FF to 200,000 FF), of refundable loans, participation in equity capital, etc...

3. The Redevelopment Agencies

The Redevelopment Agencies have also been created by large industrial corporations to encourage the redevelopment of their production sites or the job reinsertion : a free technical assessment is offered as well as various financial assistance.

4. Preferential Tax Regimes

Preferential Tax Regimes are provided, such as the Research Tax Credit, in order to encourage innovative programs and technology transfers and the Tax Credit Break for companies located in special investment areas (Z.I.P.).

5. Temporary exemption from the Business tax

Temporary exemption from the Business tax may be granted to the benefit of research or industrial activities located in priority development areas.

6. Tax exemptions are available for acquisitions of ailing firms

A company set up for the purpose of acquiring an ailing firm may qualify for major exemptions from tax, social contributions and property levies. Acquirers can thus enjoy total exemption from corporate income tax for the first 24 months of operation under certain conditions. Entrepreneurs must undertake to keep the company and its business in operation for the three years following the acquisition, failing which the tax savings become payable.
The buyer may also be exempted from business tax for a period of 2 years in all parts of France by decision of a local authority like a "Commune".

7. National social measures

National social measures are open to foreign enterprises inasmuch as they are treated like French establishments. These measures allow total or partial exemption on labor costs, employer contributions, reimbursements of training expenses, extensive incentives for hiring young employees.... These various aids cover a large field of activities.

8. Research & Development

To encourage companies in certain key areas of technology to set up in France, the Minister for Industry and Research offer subsidies for part of the research expenditure involved. When investment in research is not directly subsidized, it may qualify for tax credit of up to FF 40 million per company and per year.

9. Local financial support

Most French municipalities and Chambers of Commerce sponsor business parks and industrial zones. They sell or lease the land and provide financing. Also government and local funds are available for job training.

10. Export guarantees and financial assistance

Export guarantees and financial assistance are also investment incentives. The "Compagnie Française d'Assurance pour le Commerce Exterieur" (COFACE) and the Banque Française du Commerce Exterieur (BFCE) play the same role in relation to the sale of French goods abroad as the Overseas Private Investment Corporation (OPIC) in the U.S. in relation to the U.S. goods or the Export Credit Guarantee Department of the United Kingdom and may guarantee and assist export activities. COFACE provides credit insurance on behalf of the French State. BFCE provides subsidized financing for companies involved in international trade and plays a coordinating role between French exporters and the French Government.

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