Yes. A US national who does not live in France can set up a SAS or SASU and act as its president without a visa or residence permit. Moving to France, or performing the role there on an actual and regular basis, requires a suitable residence permit (an "entrepreneur / profession libérale" card or a "passeport talent"). On the US side, owning or running a foreign company may require IRS filings, such as Form 5471. Sources (3)
Service-publicService-public: can a foreign national start a business in France?Service-publicService-public: how can a foreign national run a company in France?irs.govIRS: Form 5471, foreign corporations owned by US taxpayers
What to plan for
| Topic | In practice |
|---|---|
| Identity | Valid US passport |
| Registered office | An address in France is mandatory: an approved domiciliation provider if you stay in the United States |
| Capital | Deposit with a bank that accepts non-residents; the identity check is often the step that holds things up |
| US taxes | Form 5471 for certain shareholders, officers or directors of foreign companies: check with a US tax adviser |
A French SAS does not need a US EIN: it receives its SIREN number on registration.
With LegalRapide
At LegalRapide, applications from founders of other nationalities are reviewed case by case, because opening the bank account and the domiciliation depend on checks by our partners.
Written by Razvan Toma, founder of LegalRapide. How we check our figures · LinkedIn