This article is for you, if you want to register as an agent commercial in order to sell houses in France, working with an estate agent called “agence immobiliere”. Or if you want to work on commission for other businesses for instance as an “apporteur d’afffaires”, where you are paid on commission. Finally, it’s also for you, if you are already in business in France (sole trader - micro entrepreneur, entreprise individuelle) and you want to start earning extra income by selling houses for an estate agency.
All of these situations refer to an “agent commercial” or “agent commercial en immobilier”, where you have a contract to represent one or several companies. This contract is called a mandate “un mandat” and you will need at least one signed mandate in order to register an agent commercial. You will be paid on commission, once the sales go through and the mandate states your commission structure.
There are 3 things you need to know in order to register as an agent commercial in France.
1 - You need to start by having a signed mandate
The mandate is the official contract confirming your relationship with the company you will represent. This mandate states the sale process, when you will be paid and the commission structure. If you work with a national network of estate agents, such as Leggetts, Beaux Villages or FNAIM, they are used to this process and will provide you with a mandate and walk you through the process of setting yourself up legally.
If you represent other types of businesses, make sure that you have a legal contract drawn, as you cannot register without a mandate. Check if the company, if they already have a mandate template to use and get some legal advice.
2 - You need to be added to Registre Special des Agents Commerciaux (RSAC)
Yes, that sounds like an odd acronym, that you never heard about before. Just be aware that all agents commerciaux have to be added onto a specific business registry, which is different from other businesses - Registre Special des Agents Commerciaux.
Getting listed on RSAC means that you will receive an Extrait KBIS, i.e official business papers with your unique business ID number called a SIRET number.
Get in touch if you need help registering as an agent commercial, as it is a tricky setup. This can be done online, but you don’t want to second guess your tax regime. This registry is kept up-to-date by Greffe du Tribunal de Commerce. In the past, you could register directly with Greffe, but from 1st January 2023, it will have to be done via procedures.inpi.fr.
Once you have your Extrait KBIS, you will need to give a copy to the company or estate agency you are working with.
3 - You cannot be a micro entrepreneur as an agent commercial
This is the most confusing part, as officially you cannot register an agent commercial en immobilier as an micro entrepreneur. This means that you don’t try to register your business as a micro entrepreneur for instance, as it will be rejected. But France being France…. There is a way around this.
Instead, you will register as an agent commercial as a sole trader, BUT you will opt for “regime micro social” for your tax regime. Which basically means that you will be taxed like a Micro Entrepreneur. I know… confusing!
This means that once you are fully registered as agent commercial and you have your French social security number, you will be able to create an account with autoentrepreneur.urssaf.fr, provided you have chosen the right tax regime when registering.
Et Voilà! Pretty confusing I know. Book a Power Hour with me, if you need help understanding this process or send me an email to register your activity.
Conclusion on being an agent commercial in France
As you can see, you sometimes need to know your way around things in France. And it’s sometimes tricky to find the starting point “ la porte d’entrée”.
If you need help registering as an agent commercial in France, get in touch.