Section I: Departmental fund

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Article 1648 A

French General Tax CodeIn force

Updated 7 Nov 2023

I. - From 2013, the departmental business tax equalisation funds existing in 2011 receive a State allocation totalling €423,291,955.

From 2017, a reduction is applied to this allocation. For 2017, the amount of this allocation is reduced by applying the rate provided for 2017 in V of Article 33 of Law 2016-1917 of 29 December 2016 of the 2017 Finance Act. For 2018, the amount of this allocation, to which the rate of change provided for 2017 in V of Article 33 of the aforementioned Act no. 2016-1917 of 29 December 2016 is applied, is reduced by applying the rate provided for 2018 in the VII of Article 41 of Law no. 2017-1837 of 30 December 2017 of the 2018 Finance Act. In respect of 2019, the amount of this allocation is reduced by applying a rate which, applied to the total amount to be paid in respect of 2018, results in a total amount of €284,278,401. For 2020, the amount to be paid is equal to the amount paid in 2019. For 2021, the amount to be paid is equal to the amount paid in 2020. For 2022, the amount to be paid is equal to the amount paid in 2021. In respect of 2023, the amount to be paid is equal to the amount paid in 2022.

From 2012, the overall amount mentioned in the first paragraph is divided between the departmental funds in proportion to the amounts paid by these departmental funds in respect of 2009 pursuant to 1° of II and b of 1° of IV bis of this article in the version in force on 31 December 2009.

From 2015, a fraction of the resources accruing to the Rhône department is allocated to an equalisation fund, the distribution of which is ensured by the Lyon metropolis. This share is equal to 40.77% of the amount calculated in accordance with the previous paragraph for the benefit of the Rhône department.

From 2014, in order to make any adjustments to the amount allocated to one or more departmental business tax equalisation funds in respect of a previous financial year, the necessary sums are taken from the appropriations for the current financial year, before they are allocated between the departmental funds.

II. - The resources of each departmental business tax equalisation fund are allocated by the departmental council in the year of payment of the State allocation. The allocation is made by the latter, on the basis of objective criteria that it defines for this purpose, between municipalities, public establishments for inter-municipal cooperation and new conurbations disadvantaged by the low level of their tax potential, determined according to the legislation in force on 1 January of the year of the allocation, or by the size of their expenses.

The council of the Lyon metropolis is substituted for the Rhône departmental council for the application of this II within the perimeter of the Lyon metropolis.

Mariela Petrova

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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

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