Section 2: Right of access to premises and places of business and home visits.

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63 ter64

Article 63 ter

French Customs CodeIn force
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Updated 8 Nov 2023

In order to carry out the investigations necessary for the detection and investigation of the offences provided for in this Code, category A or B customs officers and category C officers, provided that they are accompanied by one of the aforementioned officers, shall have access to premises and places used for business purposes, as well as to land and warehouses where goods and documents relating to these offences are likely to be held, whatever their medium. For the same purposes, they have access to means of transport used for business purposes and to their loads.

This access takes place between 8 a.m. and 8 p.m. or, outside these hours, when access to the public is authorised, or when production, manufacturing, packaging, transport, handling, storage or marketing activities are in progress.

The public prosecutor is informed in advance of the operations referred to in the first paragraph and may oppose them. A report on the inspection operations is sent to the public prosecutor within five days of being drawn up. A copy is sent to the person concerned within the same time limit.

In the course of their investigations, the customs officers referred to in the first paragraph may withhold documents for the purposes of the investigation or take copies of them, regardless of the medium.

For the application of the provisions relating to mutual assistance between the administrative authorities of the Member States of the European Community with regard to customs or agricultural regulations, customs officials are authorised to implement the provisions of this article for the control of customs or agricultural operations carried out in the other Member States of the European Community.

This article applies to the private use of the premises and places mentioned in the first paragraph if the occupier or his representative gives his express consent. This consent is given in a declaration signed by the person concerned and recorded on the spot, appended to the report referred to in the third paragraph.

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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