Sub-section 1: Method of registration of mortgages

Articles in this section · 14

Article 2429

French Civil CodeIn force

Updated 6 Nov 2023

The registration preserves the mortgage until the date set by the creditor in accordance with the following provisions.

If the principal of the secured obligation is to be discharged on one or more specified dates, the latest effective date of the registration taken before the due date or the last due date provided for is, at most, one year after that due date, but the duration of the registration may not exceed fifty years.

If the due date or last due date is indeterminate, in particular in the case provided for in article L. 315-1 of the Consumer Code, or if the mortgage is accompanied by a reloading clause provided for in Article 2416, the term of the registration is at most fifty years on the day of the formality.

If the due date or last due date is prior to or concurrent with the registration, the duration of the registration is at most ten years as of the day of formality.

Where the security secures several claims and these are such that several of the three preceding paragraphs are applicable, the creditor may request either separate registrations for each of them or a single registration for all of them until the latest date. The same applies when the first of these three paragraphs is the only one applicable and the different claims do not have the same due dates or final due dates.

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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