Regulated and unregulated professions

Verified 01 September 2024 - Directorate for Legal and Administrative Information (Prime Minister), Ministry of Economy

The liberal professions are independent in their intellectual, technical or care services. They can be regulated or unregulated. The regulated professions are subject to conditions of access (diploma, experience) and/or conditions of operation (physical fitness, obligation of continuous training).

Regulated liberal profession

A liberal profession is a professional activity carried out independently. It consists in the performance of intellectual, technical or care services in the interest of the client or the patient. In fact, these are all professions that are not commercial, artisanal, industrial or agricultural. There is no specific list of all liberal professions.

Some liberal professions are regulated. This means that they have the following specific features:

  • The rules of operation and organization of the profession are defined by law or a statutory instrument: they have a “legislative or regulatory status”.
  • The use of title is protected. For example, a person who is practicing the profession of psychologist without having the required qualifications is committing an act of impersonation. This is an offense punishable by imprisonment and a fine.
  • They are subject to ethical principles or professional ethics. For example, lawyers or architects must comply with a number of rules that are set out in a code of conduct.
  • Compliance with the rules of the profession is controlled by a professional body : professional order, professional chamber, trade union. For example, the Council of the Order of Architects ensures compliance with the code of ethics and can issue disciplinary sanctions (e.g. warning, reprimand, suspension or removal from the Order's roster).

Please note

There are also regulated commercial professions (real estate agent, tobacco store, etc.) or artisanal (baker, butcher, etc.).

Since 1er september 2024, regulated professions are organized into 3 families:

  • Health professions
  • Legal or judicial professions
  • Technical and living professions of the other liberal professions

Health professions

Health professions include, but are not limited to, the following medical and other health professions:

  • Doctor
  • Dental surgeon
  • Midwife
  • Pharmacist
  • Physical therapist
  • Dietitian

Legal or judicial professions

The list of legal or judicial professions is established by decree. It includes the following professions:

  • Notary
  • Commissioner of Justice
  • Lawyer and lawyer at the Council of State and the Court of Cassation
  • Administrator and court representative
  • Registrar of Commercial Courts

Technical and living environment professions

This category includes the other liberal professions. These include the following professions:

  • Accountant
  • External auditor
  • Surveyor-expert
  • Industrial Property Consulting
  • Architect

The liberal professional may exercise his regulated liberal activity in one of the following forms:

  • Contract of liberal collaboration
  • Sole trader (in his own name)
  • Business
  • Employee contract

Contract of liberal collaboration

The contract of liberal collaboration is concluded between two professionals. It must be written and specify the duration of the collaboration, the conditions of renewal, the terms of the retrocession of fees, the conditions under which the employee may devote himself to his personal clientele, the conditions and terms of the break, and a period of notice.

The Liberal staffer works with a portion of the professional's clientele. It must also have the opportunity to develop its own clientele.

He benefits from the premises, equipment and possible employees (secretarial, cleaning, etc.) of the professional already settled in return for a percentage of his fees. However, he does not participate in cabinet decisions (concerning premises, recruitment, etc.).

Unlike an employed person who has a subordinate relationship with his employer, the liberal employee carries out his activities independently and under his own responsibility.

The liberal collaboration thus allows the young professional to start his activity easily and quickly. This allows him to gain experience with an already settled professional while maintaining his independence.

FYI  

Liberal worker status is excluded for the following professions: ministerial public officers (notaries, commissioners of justice, etc.), auditors, judicial administrators and judicial agents for the recovery and liquidation of companies.

Sole trader (in his own name)

Individual business In order to carry out a regulated liberal activity on his own behalf, the trader may set up a He thus develops his own clientele under his personal responsibility.

it may choose the tax treatment of the micro-company where the turnover is less than €77,700. However, the micro-social scheme is not applicable in most cases. It is reserved for regulated professions under Cipav (e.g. architect, mountain guide, osteopath, psychologist, etc.)

Individual business To create a dedicated card.

FYI  

To practice a regulated profession, the individual entrepreneur must first register with the organization to which he belongs: professional order (order of architects, order of veterinarians, order of doctors, etc.), professional chamber, trade union.

Once the organization has validated the registration, the entrepreneur can proceed with its registration at the company formalities office:

Company Formalities Window

Business

The liberal professional can choose to work in business. It may then choose one of the following legal structures:

  • civil business : this may be a professional civil business (SCP), a civil business of means (SCM), a cooperative business, a business in the participation of the liberal professions (SEPPL).
  • Liberal Exercise business (SEL) : it enables the regulated liberal professions to carry out their activities jointly. It takes one of the following four forms of commercial business:
    • SELARL (business of liberal practice with limited liability) and SELARLU (business of liberal practice with single-person limited liability)
    • SELAFA (anonymous liberal exercise business)
    • SELAS (simplified liberal share business) and SELASU (single-person simplified liberal share business)
    • SELCA (Liberal limited partnership business)
  • Multi-professional business of practice (SPE) : it allows the exercise of several regulated liberal professions in the same business. It is open to the following regulated professions: lawyer, accountant, commissioner of justice, notary, court administrator, judicial agent, industrial property consultant, auditor, surveyor-expert. The SPE may be of different types: limited liability company (SARL), public limited liability company (SA), simplified share business (SAS), limited partnership (SCA).
  • Professional Financial Participation business (SPFPL) : this is a business holding company who controls and manages other businesses in which they own shares. It thus allows liberal professions to hold one or more shares in businesses of liberal practice. It may take the form of a limited liability company (LLC), a public limited liability company (SA), a simplified joint stock company (SAS) or a limited liability company (SCA). The SPFPL has the ability to own, manage and administer all real property and rights.

FYI  

Before commencing its activity, the business must first be registered with the organization to which it belongs: professional order (order of architects, order of veterinarians, order of doctors, etc.), professional chamber, trade union.

Once the registration has been validated, the business can be registered at the company's formalities office:

Company Formalities Window

Employee year

The liberal professional can practice under an employment contract signed with an employer. In this case, there is a subordinate relationship between the liberal worker and his employer.

The pursuit of a regulated profession requires the possession of a professional qualification: evidence of formal qualifications, diploma or professional experience. Where a national of the European Union (EU) or the European Economic Area (EEA) If he wishes to carry out a regulated liberal activity in France, he must apply for recognition of his professional qualifications or for authorization to practice in France. There are over 250 regulated professions

This amounts to having his training and/or professional experience officially recognized in France.

If the European national wishes to settle professionally in France, this is called freedom of establishment. Certain professions can also be exercised temporarily or occasionally: this is called the freedom to provide services or "LPS".

FYI  

Similarly, in order to practice his profession in another Member State of the European Union, a national of France must apply to the authorities of the country in which he wishes to settle.

Unregulated Liberal Profession

A liberal profession is a professional activity carried out independently. It consists in the performance of intellectual, technical or care services in the interest of the client or the patient.

Unregulated liberal professions comprise all professions which are not commercial, craft, industrial or agricultural and which do not form part of the regulated liberal professions. These activities cannot be organized in a professional order (e.g. lawyer, architect, etc.).

There is no official list of unregulated liberal professions.

Certain activities may be carried out without conditions. Others are subject to authorization, a professional card (e.g., journalist) or absence of judicial conviction (bodyguard and private investigator).

Examples of unregulated professions include:

  • Consultant
  • Sports coach
  • Developer
  • Trainer
  • Writer
  • Agricultural, land and forestry expert

The unregulated liberal activity may be carried out in one of the following ways:

  • Individual entrepreneur (in his own name), including micro-entrepreneur
  • Business
  • Employee contract

Sole trader (in his own name)

Individual business A liberal professional who carries out an unregulated activity may choose to exercise a proprietary name by creating a He may choose the micro-company scheme where his turnover does not exceed €77,700

To learn all the steps involved in creating a individual business or a micro-company, you can consult the dedicated sheets.

Prior to commencing business, a professional must register with the National company Registry (NCR). This is done on the website of the companies' formalities office:

Company Formalities Window

Business

A trader carrying on an unregulated business may choose different types of businesses: commercial businesses such as SARL, SAS, SA or civil business of means (SCM).

Commercial businesses of type SARL, SAS, SA

In order to pursue an unregulated liberal profession, all "traditional" forms of business may be considered:

Civilian business of Means (SCM)

Civil business of assets (CMS) allows for the pooling of operational assets such as personnel, premises or equipment. It reduces costs by sharing expenses. There is no sharing of profits or common customers, but only a contribution to common costs.

Its sole objective is to facilitate the pursuit of the professional activity of its members. However, it does not allow the activity itself to be carried out. Each partner retains its independence and its clientele.

For more information on the tax regime of a MCS, see the dedicated card.

Before commencing operations, the business must be registered in the National Register of companies (RNE). This is done on the website of the companies' formalities office:

Company Formalities Window

Employee contract

The liberal professional can practice under an employment contract signed with an employer. In this case, there is a subordinate relationship between the liberal worker and his employer.

Who can help me?

The public service accompanying companies

Do you have a project, a difficulty, a question of daily life?
Simple and free - you will be called back within 5 days by THE advisor who can help you.

Get a phone call with an advisor