Sub-paragraph 2: Acts relating mainly to leases and the management of real estate and landed property

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Article A444-103

French Commercial codeIn force

Updated 4 Nov 2023

Leases by mutual agreement and sub-leases (numbers 70 to 77 in Table 5) give rise, to the collection of:

1° In the case of a residential or professional and residential lease, without prejudice to any fees received in respect of the service referred to in b of 4° of I of article annexe 4-9, an emolument equal to half a month's rent;

2° In the case of a farm, food or sharecropping lease:

a) For the first lease, an emolument proportional to the cumulative amount of the rents for the first three years plus expenses, and half of the rents for the following years plus expenses, according to the scale:


Base brackets

Rate applicable

0 to €6,500

1.645%

From €6,500 to €17,000

0.905%

From €17,000 to €30,000

0.617%

Over €30,000

0.452%

b) For the renewal or extension of the lease referred to in a, a fixed fee of €56.60;

c) For the long-term lease, a fee proportional to the total amount of rent due for the term of the lease plus charges, according to the scale provided for in a ;

d) For the establishment of a transferable lease outside the family, an emolument proportional to the total amount of rent due for the term of the lease plus charges, according to the scale provided for in a;

e) For the transfer of the lease referred to in d, an emolument proportional to the transfer price, according to the following scale:

Base rates
Rate applicable

0 to €6,500

3.870%

From €6,500 to €17,000

1.596%

From €17,000 to €60,000

1.064%

Over €60,000

0.799%

3° For livestock leases, an emolument proportional to the sum used as a basis for collecting registration duties or, failing that, to the valuation of the parties, according to the following scale:

Base steps
Applicable rate

0 to €6,500

3.289%

From €6,500 to €17,000

1.809%

From €17,000 to €30,000

1.234%

Over €30,000

0.905%

4° For leases for life, an unlimited term or a long lease, an emolument proportional to the sum retained for the purposes of land registration, according to the scale provided for in 3°.

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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