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EU Inc vs French SAS: Choosing the Right Structure

Published on 2026-04-03|EU Inc News

France's Flexible Champion Meets Its Match

The Société par Actions Simplifiée (SAS) is often considered France's most entrepreneur-friendly company form. Introduced in 1994, it was designed to offer flexibility that the older SA and SARL could not match. But does it hold up against the EU Inc? Let's find out.

Registration Process

French SAS

Creating a SAS in France takes approximately 1-3 weeks:

  • Draft the statutes (statuts) — highly customizable, which is both an advantage and a complexity
  • Publish a notice of incorporation in a Journal d'Annonces Légales (JAL) — cost: approximately €200
  • Register with the Registre du Commerce et des Sociétés (RCS) through the one-stop shop (guichet unique)
  • Obtain a SIRET/SIREN number from INSEE
  • No mandatory notary (a significant advantage over other French and European forms)

EU Inc

Fully digital, under 48 hours, no publications required, automatic EU-wide recognition.

Cost Comparison

  • SAS: €500-1,200 total (JAL publication ~€200, RCS registration ~€60, legal counsel for statutes €300-800, optional capital deposit fees)
  • EU Inc: Under €100 total

The SAS is already one of Europe's more affordable options, but the EU Inc still undercuts it by 5-12x.

Capital Requirements

  • SAS: Minimum capital of €1 (symbolic). At least 50% must be paid at incorporation. This is very entrepreneur-friendly by European standards.
  • EU Inc: €0 minimum capital. No deposit required.

Both are excellent on this dimension. The SAS was already a pioneer in low-capital formation in France.

Governance: The SAS Advantage

The SAS has traditionally been prized for its governance flexibility:

  • Freedom to organize management as desired (Président is the only mandatory officer)
  • Flexible allocation of voting rights (can diverge from shareholding proportions)
  • No mandatory board of directors
  • Shareholders' agreement (pacte d'actionnaires) widely used and enforced
  • Easy to create different share classes with different rights

The EU Inc matches most of these features, adding digital governance tools and simplified cross-border management. The SAS still has an edge in established jurisprudence around complex governance arrangements.

Cross-Border: The EU Inc Advantage

This is where the EU Inc decisively pulls ahead:

  • SAS: Operating outside France requires establishing a branch (succursale) or subsidiary (filiale) in each country, with local registration and compliance requirements
  • EU Inc: Operates in all 27 member states from day one with zero additional paperwork

Tax Considerations

  • SAS in France: Corporate income tax (IS) at 25% standard rate (reduced rate of 15% on first €42,500 of profit for qualifying SMEs)
  • EU Inc registered in France: Same rates
  • EU Inc registered elsewhere: Rates of the chosen member state

"The SAS has been France's answer to entrepreneurial flexibility for 30 years. But the EU Inc offers that same flexibility with pan-European reach — something no national form can match," observed a corporate law professor at Sciences Po.

The French Startup Ecosystem

France's La French Tech movement has made Paris one of Europe's top startup hubs. French VCs and accelerators are deeply familiar with the SAS structure, and France's generous tax credits for R&D (Crédit d'Impôt Recherche) and the Jeune Entreprise Innovante status are tied to French-registered companies.

Founders planning to tap into the French ecosystem may find that a SAS still offers practical advantages in terms of local relationships. However, the EU Inc is designed to be compatible with national incentive programs, and this compatibility is expected to improve as the framework matures.

The Verdict

The SAS is an excellent company form — arguably France's best contribution to European corporate law. It's flexible, affordable (by European standards), and well-understood by French investors and institutions.

However, the EU Inc matches or exceeds the SAS on every objective measure except established local jurisprudence. For founders who operate exclusively in France and want to tap into French-specific incentives, the SAS remains compelling. For everyone else — especially those with cross-border ambitions — the EU Inc is the superior choice.

Source: Bloomberg

Tags: EU IncFrench SASCompany ComparisonFrench Business