France

France

Makes the foreign investment control regime permanent and further expands its scope

01 Jan 2024

On 28 December 2023, through Decree No. 2023-1293 the Government of France implemented changes to the foreign investment screening regime. Notably, the Decree makes the regime to control non-European investors crossing the 10 per cent threshold of voting rights in listed French companies, initially introduced during the COVID-19, permanent. Additionally, the control scope will be extended to cover takeovers of branches of entities (unincorporated bodies under French law) governed by foreign law engaged in sensitive activities. New sectors, including activities related to critical raw materials, research and development in photonics and low-carbon energy, and security of prisons, will now be subject to foreign investment control, reinforcing protection of national interests and security. The Decree entered into force on 1 January 2024.