No corporate-law residency requirement -- but a separate immigration question
French corporate law imposes no nationality or residency requirement on company leadership: an SARL
must have at least one gerant (manager) who is a natural person, and an SAS must have a president, but
neither role requires French, EU, or EEA residency or citizenship. A 100%-foreign-owned French company
can therefore legally operate with entirely non-resident foreign directors -- a materially more open
position than jurisdictions this platform has covered with genuine statutory residency requirements, such
as Fiji or Ireland's EEA-resident director rule. The practical wrinkle is immigration, not corporate law:
a non-EU/EEA/Swiss national who intends to actually reside in France and personally manage the company
day-to-day may separately need an immigration permit -- commonly the “Talent -- Company
Director” residence permit -- or to file a prefet declaration, addressing immigration status rather
than any corporate-law requirement to appoint a French-resident director.
Incorporating an Indian company as an NRI founder based in France
An NRI in France setting up an Indian private limited company follows the same Companies Act, 2013
framework as a founder based anywhere else -- including the requirement that at least one director be a
person who has stayed in India for a specified minimum number of days in the preceding calendar year.
This resident-director requirement is commonly satisfied by bringing in an India-based co-director or
professional nominee.
FDI reporting and repatriating business profits
Foreign investment into an Indian company by an NRI or a France-incorporated entity must comply with
FEMA's FDI reporting requirements, generally through the RBI's online reporting portal, within the
prescribed timelines after each equity issuance or transfer. Repatriating profits or dividends from the
Indian company back to France is generally permitted through normal banking channels, subject to
applicable withholding tax under Indian law and the India-France DTAC's dividend article -- watch for the
2026 Amending Protocol's new split 5%/15% dividend structure once it takes effect.
Common mistakes NRI founders and investors in France make:
- Assuming that setting up a fully foreign-directed SAS or SARL requires an immigration permit --
it does not, unless a non-EU/EEA/Swiss director intends to actually reside in France and personally
manage the company.
- Not appointing a resident director for an Indian company back home, causing compliance issues
under India's Companies Act, 2013.
- Missing FEMA's FDI reporting deadlines after an equity issuance or transfer.
