Title III: Provisions specific to the Commercial Court.

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853

Article 853

French Code of civil procedureIn force
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Updated 7 Nov 2023

The parties shall, unless otherwise provided, be required to constitute a lawyer before the Commercial Court.

The constitution of the lawyer entails election of domicile.

The parties are exempt from the obligation to constitute a lawyer in the cases provided for by law or regulation, where the claim is for an amount less than or equal to 10,000 euros or where it arises from the performance of an obligation the amount of which does not exceed 10,000 euros, in the context of the procedures instituted by Book VI of the Commercial Code or for disputes relating to the keeping of the register of commerce and companies. The amount of the claim is assessed in accordance with the provisions of articles 35 to 37.

In these cases, they may be assisted or represented by any person of their choice.

The representative, if not a lawyer, must provide proof of a special power of attorney.

The State, the regions, the departments, the municipalities and their public establishments may be assisted or represented by a civil servant or an agent of their administration.

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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