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staring a business on the french side
Posted by: sal (---.ri.ri.cox.net)
Date: September 03, 2012 10:23AM

we bought an existing business on the dutch side,a store located on one of the resorts.
My question is, what are the requirements of expanding our business on the french side? we are looking to have a vending cart business on the french side. We are also US citizens,although i was born in Italy.

thank you in advance

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Re: staring a business on the french side
Posted by: Tabba Khady (Moderator)
Date: September 03, 2012 03:25PM

You need to create a corporation (a SARL or a EURL - equivalent to a limited liability company). It must be registered at the chamber of commerce and receive the "extrait k-bis". To do all that I recommend you to take an accountant. He will be the one writing the deed of incorporation of your company and deposit it at the chamber of commerce. he will be also the one who will file with all the social organism. The company will need to have at least one "Gerant" (Director).Being US citizen and at least one of you being appointed "gerant" of the company, and assuming you won't be residing on the French side since you are already residing on the Dutch side (it is my understanding since you already have a store on a resort and I assume an NV) you won't need a "carte de sejour" but you will need to do a "declaration prealable" at the prefecture at the "service des etrangers". For that you will need to fill out their form, and attach to it a letter explaining who you are, that you are being appointed gerant of this company (you will need to give detail of the company with the registrationnumber in chamber of commerce, etc...)that you won't reside on the french side but your at your adress on the dutch side, you will need to provide copy of the deed of incorporation, copy of the artice of appointement to the function of director, copy of police report ( for US citizen, you will need an FBI report less than 3 month old, for that you need to egt fingerprint etc, and I think you need to go to the states..) This copy of the FBI report will have to be translated in french by one of the official translator appointed by the French Court (there are about 8 of the in St Martin), copy of your passport, information relative to your "etat civil". They will have 15 days to deliver the "recepisse de declaration". Failure to do this declaration prealable is punishable by 6 month in jail and 5000 euros fine....

Kind Regards,
Philippe



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Edited 2 time(s). Last edit at 09/03/2012 03:27PM by Tabba Khady.

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Re: staring a business on the french side
Posted by: sal (---.ri.ri.cox.net)
Date: September 03, 2012 04:51PM

thank you Philippe,

The reason we want to expand to the french side, is that we couldnt do a food cart selling hot dogs and other items, since that is reserved for dutch nationals living on the dutch side for 10 years.

So, from your reply, I take it there isn't any such restrictions on the french side. Hope I am correct.

thank you again,

Sal

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Re: staring a business on the french side
Posted by: Tabba Khady (Moderator)
Date: September 04, 2012 06:18AM

To my knowledge "food cart" is not a "protected" profession, and to my knowledge, we don't have such protection in France that a specific occupation is strictly reserved to French Nationals. The only protection we have is that some of the occupation are "licensed", like in the states, and that you cannot do them without having the license (haircutting, real estate, insurance, taxi, private investigator, etc...)
A certified accountant (expert comptable) will be able to answer all your questions

Kind Regards,
Philippe



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Re: staring a business on the french side
Posted by: pat (---.dsl.wlfrct.sbcglobal.net)
Date: September 04, 2012 06:36AM

Sal,

If you already have an island business you probably have an island attorney and/or accountant. As good and as knowledgable as Philippe is, AND HE IS - HAVING BEENTHEREDONETHAT himself, wouldn't you be better off discussing all this with island professionals whose business it is to know these laws and who might be consdidered somewhat 'accountable' to you if bad info is given?

Just a thought......

Respectfully,

pat
smiling smileysmiling smiley

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Re: staring a business on the french side
Posted by: Tabba Khady (Moderator)
Date: September 04, 2012 07:04AM

Pat,
I gave the information that I know for going through this myself, and also because of my knowledge of the French Law, being a Jurist (it's my background as well as accountancy). According to what I understood, Sal is established on the Dutch side, so she certainly deal with Dutch "island Attorney" and other professional from that side of the island. Believe me, I deal with them every single day, a Dutch Lawyer is totally unknowledgable (sp) of the French law and/or will not be able to comment on it. It would be foolish to hire a french Lawyer since their rates are very high and except if the first choice is a Commerce Attorney (which there are none in St Martin) he wouldn't be able to bring clear answer. This is why I recommended that Sal get in touch with a certified French Accountant (expert comptable) which is the profession in charge of this type of matters under French Law: creation and registration of corporation. He will be able to give her clear explanation and detail about ow to go through the process I described...
Regarding the declaration in Prefecture that Sal needs to do being an American, I just did one last week for an American Friend taking over a business on the French side, thus my knowledge of it.
Respectfully,

Kind Regards,
Philippe



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Re: staring a business on the french side
Posted by: pat (12.9.88.---)
Date: September 04, 2012 08:48AM

Philippe,

First of all, good wishes to you and your mate. I hope all is well with both of you.

Secondly, and in an attempt to not turn this into a downward spiral, please know I wasn't disputing your knowledge or ability in putting this all out there, but if it were me, I would still consult a professional and recommend others to do the same if for no other reason than having someone to hold legally accountable if there were issues down the road. I guess that's stemming from my basic distrust of so many things that say 'government' here at home.

And I would do the same thing if someone was asking about residency, immigration, and lots of other things as well.....

I know you are very well aware of these things from your many years of good posts and your personal experience with so many different businesses and concerns on the island - but if it were me, and if I was considering investing my hard earned bucks based on the advice and answers regarding any of the above, I'd still want someone to hold legally responsible if there were issues, and I don't even know if that would be the case on St. Maarten.

And I don't even believe in lawsuits for the most part. Just sayin.....

Respectfully,

pat

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