Best Investment & Business Structuring Lawyers in Marseille

1. About Investment & Business Structuring Law in Marseille, France

Investment and Business Structuring law in Marseille operates within the broader framework of French corporate and commercial law. It covers how companies are formed, governed, reorganized, and dissolved, as well as how ownership and control are structured through instruments such as SAS, SARL, and SA. Marseille businesses, including port-related enterprises and cross-border ventures, regularly rely on these rules for financing, governance, and compliance.

In practice, structuring a business in Marseille involves choosing the right corporate form, drafting shareholder and governance agreements, and aligning with tax and regulatory requirements. Local practice often requires careful attention to the specific needs of a port-city economy, including import-export activities, cross-border ownership, and sector-specific licenses. An experienced corporate attorney can help tailor a structure to balance liability, capital needs, and investor expectations.

The Pacte law, enacted to simplify creation processes and enhance governance flexibility, has reshaped how French companies are formed and managed across the country, including Marseille.

Foreign investment controls in France provide a mechanism for screening investments in sensitive sectors to protect strategic interests; guidance and compliance obligations are published by the Ministry of Economy.

2. Why You May Need a Lawyer

Use real-world Marseille context to guide when you should consult a legal professional for Investment & Business Structuring matters.

• Restructuring a family-owned Marseille business from a SARL to a SAS to attract external investors while preserving control and governance. A lawyer can draft the necessary articles of association, shareholder agreements, and drag-along or tag-along clauses tailored to your family and investor dynamics.
• Setting up a Marseille-based subsidiary for cross-border expansion. An attorney can advise on corporate form selection, intercompany agreements, transfer pricing considerations, and compliance with French and EU rules to minimize risk.
• Implementing an employee equity plan for a growing Marseille tech startup. A legal professional will draft stock option plans, vesting schedules, and tax-efficient structures that align with French payroll and social contribution rules.
• Purchasing or merging with a local competitor in the Marseille region. A lawyer conducts due diligence, negotiates the term sheet, structures the deal to optimize risk, and coordinates regulatory filings and approvals.
• Complying with the foreign investment screening regime for a non-EU investor interested in a Marseille company. An attorney helps determine if prior approval is required and manages the filing and post-approval obligations.
• Managing cross-border supply chain restructuring with Marseille-based manufacturing or logistics firms. A lawyer drafts intercompany contracts, guarantees, and security interests while aligning with French corporate and tax rules.

3. Local Laws Overview

Below are the core legal frameworks that govern Investment & Business Structuring in Marseille, with notes on dates and practical implications.

• Code de commerce - sociétés commerciales (framework for French corporate forms such as SAS, SARL, SA). This body of law sets out formation, capital requirements, governance, and transfer of shares for entities operating in Marseille and elsewhere in France. Key provisions are regularly updated; consult Legifrance for the current text and commentary.
• Loi n° 2019-486 du 22 mai 2019 relative à la croissance et la transformation des entreprises (Loi Pacte) - known as Pacte. This law aims to simplify company creation, broaden the use of flexible governance arrangements, and support investment in SMEs and mid-size firms. It affects how you structure ownership, control, and decision-making in Marseille enterprises.
• Code monétaire et financier - contrôle des investissements étrangers - foreign investment control rules that allow the French government to screen certain investments by non-residents in French companies, including those in the Marseille region, to protect strategic sectors. The regime has been clarified and expanded in recent years to improve compliance and transparency.

Practical notes for Marseille practitioners include choosing the appropriate corporate form (SAS vs SARL) based on the desired investor flexibility and exit options, understanding capital and governance requirements, and planning for regulatory filings with competent authorities. Local practice often involves coordination with the Centre de Formalités des Entreprises (CFE) and the Tribunal de Commerce during major restructurings or M&A transactions.

Useful sources for the rules above include official French resources: - Legifrance for current codes and texts: https://www.legifrance.gouv.fr - Service-Public for practical formalities: https://www.service-public.fr - Guichet-Entreprises for business creation and formalities: https://www.guichet-entreprises.fr

4. Frequently Asked Questions

What is the difference between SAS and SARL in France?

The SAS offers greater flexibility in governance and shareholding arrangements, which is useful for investors and growth-oriented firms. The SARL is more tightly regulated and suited for smaller, closely held businesses. In Marseille, many SMEs choose SAS for external investment flexibility.

How do I start a business entity in Marseille using the Pacte framework?