Title VIII: Criminal records

Articles in this section · 28

Article 775

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Bulletin no. 2 is the record of the criminal records applicable to the same person, excluding those concerning the following decisions:

1° Convictions, convictions with an exemption from sentence or an exemption from educational measures or a declaration of educational success, criminal compositions and educational measures pronounced at the sanction stage with regard to a minor;

2° Convictions whose mention in bulletin no. 2 has been expressly excluded pursuant to article 775-1 ;

3° Convictions for police offences ;

4° Suspended sentences, with or without probation, where they are to be considered null and void; however, if the socio-judicial supervision provided for by article 131-36-1 of the Criminal Code or a ban on carrying out a professional or voluntary activity involving habitual contact with minors, the decision continues to appear in bulletin no. 2 for the duration of the measure. The same applies to prohibitions, incapacities or disqualifications imposed as an additional penalty, as well as the additional penalty of ineligibility provided for in 2° of Article 131-26 and to articles 131-26-1and 131-26-2 of the same code, for the duration of the measure;

5° Convictions for which a pardon has been granted by operation of law or by the courts;

6° Convictions to which the provisions of Article L. 263-4 of the code of military justice;

7° and 8° (Repealed);

9° Provisions pronouncing the deprivation of parental authority;

10° Repealed or reported expulsion orders;

11° Unsuspended sentences pronounced pursuant to of articles 131-5 to 131-11 of the Penal Code, on expiry of a period of five years from the day on which they became final. The period is three years in the case of a conviction for a days' fine.

However, if the duration of the prohibition, disqualification or incapacity, pronounced pursuant to the Articles 131-10 and 131-11, is longer than five years, the conviction shall remain entered in bulletin no. 2 for the same period;

12° Convictions with a waiver of sentence or deferment of sentence ;

13° Convictions handed down by foreign courts concerning a minor or whose use for purposes other than criminal proceedings has been expressly excluded by the sentencing court;

14° Criminal compositions mentioned in Article 768 ;

15°Unless the judge decides otherwise, giving special reasons, sentences handed down for the offences provided for in Title IV of Book IV of the Commercial Code;

16°The fixed fines mentioned in 11° of Article 768 of this Code.

Bulletins No. 2 provided in the event of a dispute concerning registration on the electoral roll, include only decisions resulting in incapacity to exercise the right to vote.

Where there are no records in the criminal record concerning decisions to be noted on bulletin no. 2, the latter shall be marked "None".

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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