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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

D. Certain Rules Concerning Some Specific Fields of Services.

d. Data Processing

Neither the conditions of access to professions related to data processing nor its practice are governed by any particular rules or regulations.
Thus, no specific degree is required in order to declare oneself, manufacturer, designer, consultant, etc. in data processing. Also, there is no professional organization supervising the persons or firms pursuing these activities.

Such persons or firms can if they so desire, become members of associations, the main objective of which is to promote and defend the professional, moral and economic interests of their members.

Thus, Canadian and U.S. residents can have access to the French data processing market.

An administrative organization called Agence de l'Information (Information Agency) has been created. This Agency is responsible for promoting data processing.

With this objective in view, the Agency:

provides its support and cooperation to public and private research concerning the use of data processing and the techniques which are liable to encourage their development.
investigates new uses of data processing
investigates and participates in the experimentation of new applications of data processing.
organizes the collection and distribution of French and foreign information about the use of data processing and the research which is done in this field.
aims at acquainting potential users with data processing.
participates in education of potential users and in disseminating the new applications of data processing, and in the preparation of corresponding methodologies.
gives its opinion regarding the granting of government assistance to particular projects in data processing technology research.
informs the government of all the problems encountered in the field of data processing.

Data processing and electronics are considered by the Direction du Trésor (Treasury Department) to be sensitive fields of activity.
Accordingly, prior declarations of foreign investments in France in the field of data processing are subject to more detailed scrutiny than in the case of investments made in other fields of activity.

The examination is carried out by the Direction du Trésor.

Although this remains the exception, the Direction du Trésor has exercised its right to oppose the investment when the latter had a direct relation with the data processing or electronics industry.

In certain cases, the Direction du Trésor subjects the investment to certain conditions.

For example, in the case of a commercial investment, it may prohibit the importation of certain products, or, in the case of an industrial investment, it may require that a percentage of the end product be manufactured by French contractors.

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