1: Tax penalties

Articles in this section · 8

Article 1788 E

French General Tax CodeIn force

Updated 7 Nov 2023

I.-The registration number issued pursuant to Article 290 B may be withdrawn:

1° When the operator of a dematerialisation platform has been sanctioned under IV of article 1737 or II of article 1788 D on at least three occasions over two consecutive years for a cumulative amount of at least €60,000 and commits a new offence under the same articles 1737 or 1788 D during the second year or during the following year;

2° Where the administration has established non-compliance by the operator of a platform with the conditions to which the issue or renewal of the registration number provided for in Article 290 B or the obligations to transmit information provided for in III of Article 289 bis is subject and, the administration has served formal notice on the trader to comply with its obligations within a period of three months, the trader has not provided the administration within that period with any evidence that it has complied with its obligations or that it has taken the necessary measures to ensure compliance within a reasonable period.

II.-Withdrawal pronounced pursuant to I of this article takes effect on expiry of a period of three months from the date of its notification to the platform operator.

Withdrawal pronounced pursuant to 1° of the same I excludes application of the fines provided for in IV of Article 1737 and II of Article 1788 D.

The platform operator whose registration number is withdrawn shall inform its customers of this within a period of one month from notification of the withdrawal decision. The administration shall also do so within the same period.

III.-At the end of a six-month period, a platform operator whose registration number has been withdrawn may file a new application for registration under the conditions set out in article 290 B.

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

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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