2°: Capital gains realised by individuals

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Article 248 F

French General Tax CodeIn force

Updated 8 Nov 2023

The provisions of article 150-0 A are not applicable in the context of the transactions provided for in 1° of Article 5 of Law no. 86-793 of 2 July 1986 and Title IV of the loi n° 86-1067 du 30 septembre 1986 relative à la liberté de communication dans sa rédaction applicable au 23 décembre 2020, aux échanges de titres participatifs mentionnés à amended Article 1 of Law no. 86-912 of 6 August 1986, of securities mentioned in Articles 5 and 6 of the same law, of titles mentioned in articles 60 and 61 of the law of 30 September 1986 in the version applicable on 23 December 2020 realised before 21 July 1993, the date of publication of privatisation law no. 93-923 of 19 July 1993.

In the event of the sale of the shares received, the capital gain or loss is calculated on the basis of the acquisition price or value of the securities given in exchange; where these securities were acquired under the Nationalisation Act no. 82-155 of 11 February 1982 or the transactions mentioned in Article 19 of Law no. 81-1179 of 31 December 1981 and Article 14 of Law no. 82-1152 of 30 December 1982, the calculation is based on the acquisition price or value of the securities that gave rise to the right to compensation. These provisions apply to sales of shares received in the course of share exchanges carried out prior to 21 July 1993, the date of publication of privatisation law no. 93-923 of 19 July 1993.

Mariela Petrova

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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

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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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