Section 2: Removal credit.

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Article 114

French Customs CodeIn force

Updated 8 Nov 2023

1. Receivers of Customs may allow goods to be removed as and when they are checked and before the obligations laid down in a to c of 1 of Article 113 have been fulfilled, subject to a duly bonded tender.

1 bis. Those liable for value added tax and similar taxes or, where applicable, the persons who, on their behalf, pay this tax to the customs authorities or provide the information provided for in article 293 A of the General Tax Code, are exempt from providing the security referred to in 1 in respect of these taxes.

Those liable for the domestic consumption tax provided for in Article 265 who are not obliged to provide the security mentioned in a of II of Article 158 octies are exempt from providing the security mentioned in 1 of this Article in respect of this tax.

1 ter. The presentation of a guarantee may, however, be required by the customs accountant of persons who are the subject of an uncontested registration of the preferential right of the Treasury or social security, as well as receivership or compulsory liquidation proceedings, under the conditions laid down by decree in the Conseil d'Etat.

2 (Repealed).

3. Payment of the duties and taxes thus guaranteed shall be made by remote payment directly to the Treasury account opened with the Banque de France.

4. Failure to comply with the obligation set out in 3 above will result in a surcharge of 0.2% of the amount of the sums paid by other means of payment.

This surcharge is recovered in accordance with the rules, guarantees and penalties laid down for customs duties.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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