3: Other sanctions and measures

Articles in this section · 8

Article 1840 G

French General Tax CodeIn force

Updated 7 Nov 2023

I. - In the event of a breach of the undertaking given by a forestry group under the conditions provided for in 3° of 1 of Article 793 for the improvement of the production and land structure of French forests, this group and its successors are jointly and severally liable with the donees, heirs, legatees or their universal successors to pay, on first demand, the additional registration duty, and, in addition, an additional duty equal respectively to 30%, 20% and 10% of the reduction granted depending on whether the breach is noted before the expiry of the tenth, twentieth or thirtieth year following the transfer.

II. - In the event of a breach of the rules of enjoyment which he has undertaken to follow under the conditions provided for in b of 2° and 7° of 2 of article 793, the heir, donee or legatee, or their successors in title, are required to pay on first demand the additional registration duty or land registration tax and, in addition, an additional duty or tax equal respectively to 30%, 20% and 10% of the reduction granted depending on whether the breach is noted before the expiry of the tenth, twentieth or thirtieth year.

II bis. - In the event of a breach of the undertaking provided for in b of 3 of article 793, and up to the amount of the breach established, the heir, the donee or the legatee, or their successors, are required to pay on first demand the additional registration duty and, in addition, an additional duty equal, respectively, to 30%, 20% and 10% of the reduction granted depending on whether the breach is established before the expiry of the tenth, twentieth or thirtieth year.

III. - For the application of I and II, where the breach or infringement relates to part of the property, the additional registration duty and the additional registration duty shall be recalled up to the ratio between the surface area in respect of which the breach or infringement was found and the total surface area of the property in respect of which the undertaking was given. Subject to the application of the sixth paragraph of 2° and the fifth paragraph of 7° of 2 of article 793, the undertaking continues on the other properties.

IV. - The offences referred to in I and II are recorded in official reports drawn up by the engineers, technicians and State agents responsible for forests.

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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