Sub-paragraph 1: Communication and registration of documents

Articles in this section · 10

Article A123-68-1

French Commercial codeIn force

Updated 4 Nov 2023

I.-For the application of the second paragraph of Article L. 232-25, the categories of legal persons who finance or invest, directly or indirectly, in companies, or provide services for the benefit of such legal persons are as follows:


1° For legal persons that finance or invest:


a) The credit institutions and finance companies mentioned in article L. 511-1 of the Monetary and Financial Code as well as the persons mentioned in articles L. 511-22 and L. 511-23 of the same code;


b) Financial holding companies and parent companies of finance companies referred to in article L. 517-1 of the Monetary and Financial Code;


c) The investment companies mentioned in the article L. 531-4 of the Monetary and Financial Code as well as the persons mentioned in articles L. 532-18 and L. 532-18-1 of the same code;


d) The collective investment management companies mentioned in article L. 543-1 of the Monetary and Financial Code;


e) The sociétés de libre partenariat mentioned in article L. 214-162-1 of the Monetary and Financial Code ;


f) The establishment mentioned in article L. 518-2 of the Monetary and Financial Code;


g) The insurance and reinsurance undertakings mentioned in articles L. 310-1 et L. 310-1-1 of the Insurance Code as well as the persons mentioned in article L. 310-3-1of the same code;


h) Provident institutions and their unions governed by Title III of Book IX of the code de la sécurité sociale;


i) Mutual societies and their unions governed by Book II of the code de la mutualité;


j) The insurance or reinsurance intermediaries referred to in article L. 511-1 of the Insurance Code as well as the persons mentioned in article L. 515-2 of the same code;


k) Companies habitually engaged in the leasing of professional property without being authorised as a credit institution or finance company;


2° For providers of services to legal entities that finance or invest:


a) The central depositories referred to in Article L. 441-1 of the Monetary and Financial Code and the managers of interbank settlement systems mentioned in I of Article L. 330-1 of the same code;


b) The market undertakings mentioned in article L. 421-2 of the Monetary and Financial Code or persons who operate a regulated market mentioned in article L. 422-1 of the same code;


c) The payment institutions mentioned in Article L. 522-1 of the Monetary and Financial Code as well as the persons mentioned in Article L. 522-13 of the same code;


d) The banking and payment services intermediaries mentioned in article L. 519-1 of the Monetary and Financial Code;


e) Electronic money institutions mentioned in Article L. 526-1 of the Monetary and Financial Code as well as the persons mentioned in Articles L. 526-25 and L. 526-26 of the same code;


f) The financial investment advisers mentioned in article L. 541-1 of the Monetary and Financial Code;


g) Investment research and financial analysis service providers within the meaning of the article L. 544-1 of the Monetary and Financial Code;


h) The credit rating agencies mentioned in article L. 544-4 of the Monetary and Financial Code;


i) Agents linked to an investment services provider mentioned in the article L. 545-1 of the Monetary and Financial Code;


j) The participative investment advisers mentioned in the article L. 547-1 of the Monetary and Financial Code;


k) Participative finance intermediaries mentioned in the article L. 548-2 of the Monetary and Financial Code ;


l) Companies specialising in solvency information and default prevention.


II.-The persons mentioned in I of this article shall accompany their request for access to the annual accounts of a company pursuant to the first paragraph of Article R. 123-154-1 a certificate drawn up in accordance with the standard model set out in the Annexe 1-6 du présent livre.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More