French Director's Sworn Statement of No Criminal Conviction

Yes. Article L128-1 of the Code de commerce requires every person with authority to manage, direct, or legally commit the company — including gérants (managers) of SARLs/EURLs and presidents or directeurs généraux of SAS/SASUs — to provide this declaration when registering with the RCS (Registre du Commerce et des Sociétés) and the RNE (Registre national des entreprises). Without it, the file submitted through the INPI's guichet unique (formalites.entreprises.gouv.fr) is incomplete and will be returned.

No specific CERFA form is required — the declaration is drafted on plain paper (papier libre). Its content is nonetheless strictly prescribed: it must include the director's identity, parentage, the sworn statement of non-conviction, a date, and a handwritten signature. Service-Public Entreprendre's practical sheet F32027 lists the mandatory elements and provides a model template. Note that form 17108 exists for certain regulated professions but does not substitute for the RCS/RNE registration declaration.

Submitting a false sworn declaration to a French administrative body primarily constitutes the offence of fausse attestation destinée à l'administration under Article 441-7 of the Code pénal: up to 1 year's imprisonment and a €15,000 fine. Depending on circumstances, the more serious charge of faux et usage de faux (forgery and use of forgery) under Article 441-1 may also apply, carrying up to 3 years' imprisonment and a €45,000 fine. Additional consequences include rejection or annulment of the registration and a potential court-ordered management ban.

The declaration must state the director's filiation — the full names of both parents — because this allows the Greffe to unambiguously identify the applicant and formally request their bulletin n°2 (criminal record extract) for verification. A declaration that omits parentage, or contains incorrect details, is treated as incomplete and will block company registration until a corrected version is filed.

The declaration covers criminal convictions (theft, fraud, misuse of corporate assets — abus de biens sociaux — bankruptcy offences, tax fraud, etc.) and civil or administrative sanctions carrying a management ban, personal bankruptcy ruling, or prohibition from conducting trade. The director must attest to none of these. A minor administrative infraction with no associated management-related penalty does not prevent someone from serving as director.

It is submitted once at initial registration, and again whenever a new director is appointed or the legal representative changes (requiring an RCS amendment filing). No periodic renewal is required while the director remains in post. However, the document should be dated as close as possible to the filing date, since the Greffe may refuse a declaration that appears outdated.