Chapter II: The automated national judicial database for perpetrators of sexual or violent offences

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Article 706-53-5

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Any person whose identity is recorded in the file shall be subject, as a security measure, to the obligations set out in this article.

The person is required, either, if he or she resides abroad, to contact the file manager, by registered letter with acknowledgement of receipt, or the police station or gendarmerie of his or her place of residence, by registered letter with acknowledgement of receipt or by attending the service :

1° To provide proof of their address, once after they have been informed of the measures and obligations mentioned in the second paragraph of article 706-53-6, and then every year;

2° To declare any changes of address, within fifteen days of this change at the latest.

If the person has been convicted of a felony or a misdemeanour punishable by ten years' imprisonment, they must provide proof of their address once every six months by presenting themselves for this purpose either to the police station or gendarmerie unit of their place of residence, or to the departmental gendarmerie group or departmental public security directorate of their place of residence or to any other service designated by the prefecture. If the dangerousness of the person so warrants, the sentencing court or, in accordance with the procedures set out in article 712-6, the sentence enforcement judge may order that this presentation will take place every month. When the person is in a state of legal recidivism, the system of monthly presentation applies as of right. This paragraph is applicable to minors aged between thirteen and eighteen only in the event of conviction for a crime punishable by at least twenty years' imprisonment.

The justification and presentation obligations provided for by this article cease to apply during the time the person is incarcerated.

If persons required to comply with the obligations laid down in this article fail to do so, they shall be liable to two years' imprisonment and a fine of €30,000.

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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