VI: Committee on abuse of tax law

Articles in this section · 3

Article 1653 D

French General Tax CodeIn force

Updated 7 Nov 2023

I. - Any member of the tax abuse committee must inform the chairman:

1° Any interests that he has held during the two years preceding his appointment, that he holds or comes to hold;

2° Any functions in an economic or financial activity that he has held during the two years preceding his appointment, that he holds or comes to hold;

3° Any mandate within a legal entity that he has held during the two years preceding his appointment, that he holds or comes to hold.

This information and that concerning the Chairman shall be made available to the members of the Committee.

No member of the Committee may deliberate on a matter in which he himself or, where applicable, a legal entity within which he has, during the two years preceding the deliberation, held a position or office, has or has had an interest during the same period. Nor may he take part in a deliberation concerning a matter in which he himself or, where applicable, a legal entity within which he has, during the two years preceding the deliberation, held a position or office, represented one of the interested parties during the same period.

The Chairman of the Committee shall take the appropriate measures to ensure compliance with these obligations and prohibitions.

II. - The members and staff of the Tax Abuse Committee are bound by the rules of professional secrecy defined in article L. 103 of the tax procedures book.

This secrecy is not enforceable against the judicial authority acting in criminal proceedings.

III. - No person may be a member of this committee who has been convicted within the previous five years, in accordance with the terms and conditions set out in article 131-27 of the Criminal Code, to a ban on practising a commercial or industrial profession, directing, administering, managing or controlling in any capacity whatsoever, directly or indirectly, on his own behalf or on behalf of another, a commercial or industrial enterprise or a commercial company.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More