Corporate Law at French Guiana (France)
Sure! Here’s an overview of Corporate Law in French Guiana, which follows the French legal system since French Guiana is an overseas region of France:
Corporate Law in French Guiana (as part of France)
1. Legal Framework
Corporate law in French Guiana is governed by French law, specifically:
French Commercial Code (Code de commerce)
French Civil Code (Code civil)
French Company Law provisions (including laws related to companies and commercial entities)
French Guiana follows the same legal framework as mainland France because it is an integral part of the French Republic and the EU.
2. Types of Business Entities
Common company forms in French Guiana are the same as in France:
| Type of Company | French Name | Key Characteristics |
|---|---|---|
| Limited Liability Company | Société à responsabilité limitée (SARL) | Suitable for small/medium enterprises. Minimum capital €1 (practically often €1,000). |
| Public Limited Company | Société Anonyme (SA) | For larger enterprises. Minimum capital €37,000 (or €225,000 if publicly traded). |
| Simplified Joint Stock Company | Société par Actions Simplifiée (SAS) | Flexible corporate governance, popular for startups and joint ventures. |
| Sole Proprietorship | Entreprise individuelle | Owned by one individual with unlimited liability. |
| Partnerships | Société en Nom Collectif (SNC), Société en Commandite Simple (SCS) | Partnerships with different liability regimes. |
3. Company Formation
Typical steps include:
Choose company type and name — Check name availability at the INPI (French National Institute of Industrial Property).
Draft Articles of Association (Statuts).
Deposit share capital in a bank account or with a notary.
Register the company at the local Centre de Formalités des Entreprises (CFE) or Commercial Court Registry.
Publish a notice of incorporation in an official legal journal.
Obtain a SIREN/SIRET number (company registration number).
Register for VAT and social contributions.
4. Corporate Governance
SARL: Managed by one or several managers (gérants), often shareholders.
SA: Requires a Board of Directors or a Supervisory Board and a Management Board.
SAS: Governance is flexible and defined by the shareholders in the bylaws; usually managed by a president.
Shareholders’ meetings are mandatory for major decisions.
Directors and managers have fiduciary duties and potential liabilities.
5. Capital Requirements
SARL: Minimum capital is very low (can be €1), but usually a practical amount is used.
SA: Minimum capital €37,000 (or €225,000 for publicly traded companies).
SAS: No minimum capital required by law; capital is freely determined.
6. Taxation
Corporate tax (Impôt sur les sociétés): Standard rate 25% (2025).
Dividend taxation: Subject to withholding tax with possible exemptions under EU or treaty rules.
VAT: Standard rate 20% in French Guiana, same as mainland France.
7. Employment and Labor Law
French labor law applies, including protections, contracts, collective bargaining.
French Guiana follows mainland France rules on minimum wage, working hours, social security.
8. Insolvency
Governed by French insolvency laws.
Procedures include judicial reorganization, liquidation.
Managers must act promptly to file if the company is insolvent.
9. Foreign Investment
No restrictions on foreign ownership.
French Guiana, as an EU outermost region, allows full foreign investment rights under French/EU law.
Summary:
Since French Guiana is part of France, all French corporate laws and regulations apply directly, including company formation, governance, taxation, labor, and insolvency law.
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