French Visas: Presidents or Managing Directors of a French Company

American citizens residing in the United States or in France can assume the responsibilities of duties of a President or Managing Director of a French company. But in both instances, visa-type administrative hurdles must be faced. (For information on the structure of French companies, see S.A. and S.A.R.L. companies.)

A person exercising the function of a President or Managing Director in France (called a mandataire social) has the legal power to bind the company and the assumption of such function is a matter of public record easily available by on line Minitel.

If he resides abroad and wishes to reside in France, he must make the filing with the appropriate French Consulate in the country where he resides. The Consulate will then forward the dossier to the local Prefecture to solicit its views.

With the exception of the ten (10) year identification card ("Carte de séjour de dix ans"), any card issued to the Executive must be renewed each year. In connection with the renewal, proof of due compliance with tax, related charges and administrative requirements applicable to both the Executive and his company will be required. Renewals general can be effected in 30 days. However, the process becomes a little more complicated if the place of residence in France of the Executive is not in the same "Departement" as local Commercial Tribunal where the French company is legally domiciled.

A President or Managing Director, who are not citizens of the European Union or O.E.C.D., will also have an obligation to register with the Commercial Tribunal where the corporation has its registered offices to to obtain an authorization from the local Préfecteur. As the United States is an member of the O.E.C.D., this additional administrative burden does not apply to United States citizens.

If you read French, the visa application forms for both short and long-term visits and check lists of documents that may be required for various categories of visas are available at http://www.diplomatie.fr/venir/visas/

Index of Articles on Issues of French-American Business Law

DISCLAIMER

The information provided here and on the other pages linked hereto is intended for educational purposes only, and is not legal advice. Particular situations require particular analyses that can only be provided by legal professionals who specialize in the relevant fields and who know all the details of a situation. Also, a presentation such as this does not establish the attorney-client relationship that is necessary in any rendering of legal advice. Finally, one should be aware that the law is a chameleon-like beast that changes its colors frequently, and what holds good today may be reversed by tomorrow. The comments herein should then be read in that light.

Anne de GOUVION SAINT-CYR, Esq. Member of the Paris Bar 22, rue d'Artois 75008 Paris	Jonathon Wise POLIER, Esq. Member of the Paris and New York Bars 4, rue de Marignan 75008 Paris
Telephone: (33) 43 59 01 51 Fax: (33) 1 43 59 01 52	Telephone: (33) 1 47 23 41 51 Fax: (33) 1 47 23 37 93
E-Mail: anne.gouvionsaintcyr@wanadoo.fr	E-Mail: j-polier@paris-law.com http://www.paris-law.com

Visas: Assuming the Duties of a President or Managing Director of a French Company

Visas:
Assuming the Duties of a President or Managing Director of a French Company