Which legal documents can a startup draft without a lawyer?

The aim: save money without unnecessary risks

Good news: in France, a startup can handle many basic formalities and documents internally, particularly at formation and the very first go-to-market stage. The key is to use public resources, follow the required formats and identify the limits beyond which a lawyer's review prevents costly disputes.

The framework and public tools to know

• Choosing the legal form and formation formalities: official guides on Service-Public (choosing the legal form) and Service-Public (registering a company).
• Centralised online filing since 2023 through the single business formalities portal (formation, changes, RBE, etc.).
• Official information and basic templates on INPI — Formation formalities.
• Applicable legislation available on Legifrance (Commercial Code, etc.).

Company formation: what you can draft without a lawyer

1) “Simple” articles (official SAS/SASU, SARL/EURL templates)

For a straightforward formation (one or a few shareholders, clear capital allocation, standard governance), articles can be drafted from official templates without a lawyer. These cover mandatory information and are accepted by the court registry through the single business formalities portal. Be careful if you need bespoke clauses (preference shares, extended approval clauses, BSPCE warrants, exit mechanisms).

2) Sworn declaration of no convictions and parentage

A standard personal document for the executive to sign. A template is provided during filing through the single business formalities portal.

3) Beneficial ownership declaration (RBE)

The beneficial ownership declaration is submitted online during registration through the single business formalities portal, then transmitted to the register maintained by INPI (INPI).

4) Incorporation notice (legal announcements publication)

The notice is largely standardised (name, legal form, capital, registered office, corporate purpose, management, RCS). Authorised platforms generate a compliant template once you enter your information.

5) Usual supporting documents

• Certificate of deposit of funds (provided by the bank or depositary; you have nothing to “draft”).
• Evidence of registered-office premises (lease, domiciliation agreement, accommodation certificate). Check that the right of occupation is appropriate.
• Where applicable: appointment minutes (if the executive is not appointed in the articles), generated from a simple template.

For step-by-step explanations, refer to Service-Public registration guides and INPI pages.

Operational documents you can prepare internally

1) Website and application legal notices

Mandatory information can be drafted internally using a reliable checklist. We explain point by point what your website must include in our mandatory legal notices guide.

2) Privacy policy and GDPR information

The CNIL publishes practical guides and templates for privacy notices, cookie management and record keeping. Consult the CNIL and, for the underlying legislation, Regulation (EU) 2016/679 (GDPR) on EUR-Lex. Our step-by-step guide helps you draft a privacy policy that is clear and compliant.

3) Record of processing activities

An internal tool mandatory whenever you process personal data on a non-occasional basis. The CNIL provides templates. To save time, use our GDPR processing-record template.

4) Everyday commercial documents

Quotes, purchase orders and invoices can be prepared internally using standard templates, provided they contain the information required by commercial law (refer to the Commercial Code on Legifrance). Avoid copying and pasting a competitor's terms of sale: their validity depends on your offering, customers (B2B/B2C) and applicable law.

5) Simple confidentiality agreement (NDA)

For pre-contractual discussions, a standard NDA (information definition, permitted use, duration, governing law, jurisdiction) can be drafted yourself. For complex projects (code, AI, sensitive data), consider a review.

Limits: documents to have reviewed by a lawyer

• Bespoke articles (preference shares, vesting, sophisticated approval/pre-emption, BSPCE warrants) and shareholders' agreements (governance, transfers, bad/good leaver). See the budget for a shareholders' agreement.
• Terms of sale/contractual terms for SaaS or complex sales (SLA, liability, data, exit assistance). Why outsource? A cost-based answer in the cost of SaaS terms of sale.
• Employment contracts (permanent/fixed-term, non-compete clauses, employee inventions) and freelancer agreements (rights assignments, employment reclassification risk).
• DPAs/GDPR processing agreements and transfers outside the EU (standard clauses, security, audit).
• Fundraising (term sheet, investment agreement, asset and liability warranties). Inconsistencies are costly during due diligence.

If your goal is to optimise your budget, read our practical advice on avoiding overpayment and choosing between fixed fees and time-based billing.

Quick checklist: forming your company without a lawyer

1. Choose the legal form (SAS/SASU or SARL/EURL) using the Service-Public guide.
2. Draft standard articles adapted to your circumstances (standard governance).
3. Deposit the capital and obtain the certificate (bank/depositary).
4. Publish the incorporation notice in a legal announcements publication (standard text generator).
5. Prepare documents (identity document, registered-office evidence, no-convictions declaration).
6. Complete the online application on the single business formalities portal, including the beneficial ownership declaration (RBE). Refer to INPI.
7. Obtain the SIREN/Kbis, then activate tax and social-security accounts (VAT, URSSAF) using links provided by the administration (Service-Public Pro).

Common mistakes to avoid

• An overly narrow corporate purpose that prevents product pivots.
• An omitted or inaccurate RBE declaration during registration.
• Non-compliant registered-office arrangements (inappropriate right of occupation).
• Copied terms of sale from a competitor: potentially unlawful or unenforceable clauses.
• Incomplete GDPR notices (purposes, legal bases, individuals' rights) — rely on CNIL resources.

Smart budgeting: where to invest modest legal fees

A rapid review (1–2 hours) of your articles, first terms of sale or “critical” NDA often pays for itself by avoiding registration refusal, an unbalanced clause or future litigation. To gauge the budget, see how to pay less and, depending on your needs, the cost of drafting SaaS terms of sale or a shareholders' agreement.

Brief FAQ

Can I draft my SAS/SASU articles myself?

Yes, using official templates and standard governance. For bespoke clauses (preference shares, BSPCE warrants, exit mechanisms), a review is necessary.

Is the beneficial ownership declaration complex?

No: it is completed online during registration through the single business formalities portal, then transmitted to the register managed by INPI.

Can I publish the incorporation notice myself?

Yes. Legal-announcement platforms provide a form generating compliant text. You receive a certificate to attach to your application.

Can legal notices and privacy policies be prepared internally?

Yes, with reliable templates and CNIL guidance. To save time, follow our legal notices guide and privacy policy guide.

When is a lawyer absolutely necessary?

For a shareholders' agreement, bespoke articles, complex terms of sale (SaaS/B2C), sensitive employment contracts, fundraising or data transfers outside the EU. This secures execution and future funding rounds.