International Practice

# India-France Cross-Border
Legal Advisory

France

## India-France Cross-Border Legal Advisory

India and France share a deep strategic partnership that spans defence, aerospace, nuclear energy, renewable technology, and digital innovation. France is the ninth-largest foreign investor in India, while Indian companies have steadily expanded their footprint across French industries ranging from information technology and pharmaceuticals to automotive manufacturing and financial services. The two nations co-founded the International Solar Alliance (ISA) in 2015, reflecting their shared commitment to sustainable development and climate action.

As bilateral trade and investment between India and France continue to grow, the demand for specialised cross-border legal counsel has never been greater. ESB Global Law Advisory, based in Mumbai, provides comprehensive legal services to Indian businesses entering the French market and French enterprises establishing operations in India. Our practice combines in-depth knowledge of Indian commercial law with a thorough understanding of the French legal system, including the Code de Commerce, the Code du Travail, and EU regulatory frameworks.

### Corporate and Commercial Law

We advise Indian companies on the full spectrum of corporate formation and commercial operations in France. The most common structures for foreign investors are the SAS (Societe par Actions Simplifiee), which offers flexible governance and no mandatory minimum capital, and the SARL (Societe a Responsabilite Limitee), preferred for smaller operations with a defined number of partners. Our team assists with drafting articles of association (statuts), completing registration with the Registre du Commerce et des Societes (RCS), securing SIRET numbers, and ensuring compliance with French corporate governance norms under the Code de Commerce. We also advise on establishing branch offices and liaison offices for Indian companies that require a lighter operational presence before committing to full incorporation.

### Joint Ventures and Strategic Alliances

France has been a critical partner for India in sectors that require deep technology transfer and long-term collaboration. Franco-Indian joint ventures operate prominently in defence manufacturing (under India's Make in India initiative), nuclear energy (civil nuclear cooperation agreement), space technology, and renewable energy infrastructure. Our firm structures joint venture agreements, consortium arrangements, and strategic partnership frameworks that address both Indian foreign direct investment regulations and French foreign investment screening requirements (administered by the Direction Generale du Tresor). We ensure that technology transfer provisions, profit-sharing mechanisms, intellectual property allocations, and exit strategies are clearly defined and compliant with the regulatory requirements of both jurisdictions.

### Intellectual Property Protection

France maintains one of the most sophisticated intellectual property regimes in Europe, administered through INPI (Institut National de la Propriete Industrielle). Indian businesses expanding into France need to protect their trademarks, patents, industrial designs, and trade secrets under French and EU law. We assist with French national trademark and patent filings, EU-wide registrations through EUIPO, prior art searches, opposition proceedings, and IP enforcement actions before French commercial courts (Tribunal de Commerce). Our practice also covers technology licensing agreements, software protection under French copyright law, and trade secret compliance under the EU Trade Secrets Directive (2016/943).

### Employment Law and Labour Compliance

French employment law, governed by the Code du Travail, is among the most protective employee regimes in the world and represents a significant area of compliance risk for Indian employers. Key requirements include the statutory 35-hour working week, mandatory employer social security contributions (cotisations sociales) that typically amount to approximately 45 percent of gross salary, a minimum of five weeks of paid annual leave, strict rules governing employee dismissal (requiring real and serious cause), and mandatory participation in applicable collective bargaining agreements (conventions collectives). Our firm guides Indian companies through every stage of French employment compliance, from drafting employment contracts that meet French mandatory provisions to managing restructuring, redundancy processes, and employee representative obligations (comite social et economique).

### Taxation and Double Taxation Avoidance

India and France have a comprehensive Double Taxation Avoidance Agreement (DTAA) that governs the allocation of taxing rights on cross-border income, capital gains, dividends, interest, and royalties. France imposes a corporate income tax (impot sur les societes) at a standard rate of 25 percent, with specific provisions for small enterprises. We advise Indian businesses on optimal corporate structuring to benefit from DTAA provisions, French tax incentives for research and development (Credit Impot Recherche), VAT compliance, transfer pricing documentation requirements, and withholding tax obligations on cross-border payments. Our tax advisory practice ensures that Indian companies operating in France achieve tax efficiency while maintaining full compliance with both French and Indian tax authorities.

### Real Estate Investment

France offers attractive opportunities for Indian investors in commercial and residential real estate, particularly in Paris, Lyon, and other major metropolitan areas. Our firm advises on French property acquisition structures, due diligence on title and planning regulations, notarial processes, SCI (Societe Civile Immobiliere) formation for property holding, and compliance with French real estate taxation including taxe fonciere and plus-value immobiliere (capital gains tax on property). We also assist with commercial lease negotiations governed by the French Commercial Lease Statute (statut des baux commerciaux), which provides tenants with significant protections including automatic renewal rights.

### Our India-France Legal Services Include

- SAS and SARL company formation and corporate structuring
- Joint venture and strategic alliance agreements
- Commercial contract drafting under French law and the Code de Commerce
- French employment law compliance and workforce structuring
- Intellectual property registration and enforcement through INPI
- India-France DTAA tax planning and transfer pricing advisory
- Real estate acquisition, SCI formation, and commercial leasing
- ICC arbitration representation with Paris as the seat
- French regulatory compliance and foreign investment screening
- Visa and immigration advisory including Passeport Talent applications

Common Questions

## India-France Legal FAQ

How can an Indian company establish a business entity in France?

Indian companies can establish a presence in France by incorporating a SAS (Societe par Actions Simplifiee) or SARL (Societe a Responsabilite Limitee). The SAS is the most popular choice for foreign investors due to its flexible governance structure, no minimum share capital requirement, and simplified shareholder relations. The process involves drafting articles of association, depositing share capital with a French bank, registering with the Registre du Commerce et des Societes (RCS), and obtaining a SIRET number. A branch office or liaison office may also be established depending on the nature of operations.

What should Indian employers know about French employment law?

French employment law is governed by the Code du Travail and is among the most employee-protective regimes in Europe. Key provisions include the statutory 35-hour working week, mandatory social security contributions (approximately 45 percent of gross salary for employers), a minimum of five weeks paid annual leave, strict termination procedures requiring valid cause and adherence to a formal dismissal process, and mandatory participation in collective bargaining agreements (conventions collectives) applicable to the relevant sector.

How can Indian businesses protect their intellectual property in France?

Intellectual property in France is registered through INPI (Institut National de la Propriete Industrielle). Indian businesses can file for French national trademarks, patents, and industrial designs directly with INPI or opt for EU-wide protection through EUIPO. France also offers strong trade secret protection under EU Directive 2016/943. Our firm assists with prior art searches, filing strategies, opposition proceedings, and IP enforcement through French commercial courts.

What visa options are available for Indian professionals working in France?

Indian professionals can access France through several visa and residence permit categories. The Passeport Talent (Talent Passport) is available for qualified employees, company founders, investors, and researchers. The intra-company transfer (ICT) permit facilitates temporary transfers within multinational organisations. France also offers the French Tech Visa for startup founders and employees of recognised innovative companies. Business visitors may use the short-stay Schengen visa for meetings and negotiations.

How are India-France commercial disputes resolved?

India-France commercial disputes are commonly resolved through international arbitration, with Paris being a globally preferred seat due to the presence of the International Chamber of Commerce (ICC) headquarters. France is a signatory to the New York Convention, ensuring enforceability of arbitral awards in India and vice versa. Alternatively, disputes may be resolved through the French Tribunal de Commerce for commercial matters, mediation under French procedural rules, or through bilateral investment treaty protections between India and France.

Explore More

## Other International Jurisdictions

Discover our cross-border legal services across Europe.

🇬🇧

### United Kingdom

Corporate law, immigration, commercial disputes, and post-Brexit trade compliance.

Explore
🇩🇪

### Germany

Business formation, trade law, employment regulations, and EU compliance matters.

Explore
🇳🇱

### Netherlands

Holding structures, bilateral treaties, tax optimisation, and Dutch corporate governance.

Explore
🇨🇭

### Switzerland

Banking regulations, arbitration, trade compliance, and Swiss corporate structuring.

Explore
🇮🇹

### Italy

Trade agreements, joint ventures, real estate investment, and Italian commercial law.

Explore
🇪🇸

### Spain

Investment regulations, property law, commercial disputes, and Spanish business formation.

Explore
🇮🇪

### Ireland

Tech sector compliance, corporate structuring, IP protection, and Irish regulatory law.

Explore
French Market?

## Expert India-France
Legal Counsel

Navigate the French legal landscape with our cross-border expertise. From company formation to ICC arbitration, we provide strategic counsel for Indian businesses in France.

Book Consultation
All International Services