SCHEDULE 5-3 (Annex to Article A. 526-6)

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Article Annexe

French Commercial codeIn force

Updated 3 Nov 2023

MODEL OF DEED OF WAIVER OF PROTECTION OF THE PERSONAL PROPERTY OF AN INDIVIDUAL ENTREPRENEUR


I.-Identity of the sole trader waiving protection of his personal assets and of the beneficiary of the waiver


1. Identity of the sole trader


Birth name:


Customary name, if any:


Forenames (in order of civil status):


Nationality:


Born on I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I in (department) (country if abroad)


Home address Home address:


postcode: I _ I _ I _ I _ I _ I commune:


Professional activity(ies) Professional activity(ies) carried out :



Company name (if any):


>Sign (if any) Brand name (if applicable):


> APE/ NAF code (A) APE/ NAF (A) code :


Address of the main establishment or residential premises where the business is based:



Postal code Postcode: I _ I _ I _ I _ I _ I commune:


Unique identification number: I _ I _ I _ I _ I _ I _ I _ I Unique identification number: I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I or declared date of commencement of activity: I _ I _ I _ I _ I _ I _ I _ I _ I _ I


. 2. Identity of the beneficiary of the waiver who is a natural person


Birth name:


Common name if applicable:


First names (in order of surname) Forenames (in civil status order):


born on I _ I _ I _ I _ I _ I _ I _ I _ I _ I in (department) (country if abroad)


Home address Home address:


postcode:I _ I _ I _ I _ I _ I commune:


(country if abroad)


Professional activity(ies) Professional activity(ies) carried out (if applicable):



If applicable, address of the establishment or residential premises where the company is based:


Postal code postcode: I _ I _ I _ I _ I _ I commune: (country if abroad)


Commercial name (if applicable) Company name (if applicable):


>Sign (if applicable) Brand name (if applicable):


> APE/ NAF code (A) APE/NAF (A) code (if applicable):


Unique identification number (if applicable) Unique identification number (if applicable): I _ I _ I _ I _ I _ I _ I _ I _ I _ I


>. 2 bis. Identity of the beneficiary of the waiver as a legal entity


Company name or corporate name:


Company name and form:


>Address of registered office or place of business Address of the registered office or place of business or premises where the company is established:



Postal code postcode: I _ I _ I _ I _ I _ I commune: (country if abroad)


Unique identification number: I _ I _ I _ I _ I _ I _ I commune: (country if abroad) Unique identification number: I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I



The beneficiary is a credit institution or finance company within the meaning of Article L. 511-1 of the Financial Monetary Code: yes no


II. II - Undertaking under which the sole trader intends to waive the protection of his personal assets


Date of undertaking: I _ I _ I _ I _ I _ I _ I _ I _ I _ I


Subject of undertaking Purpose of the commitment:




> End date of the commitment Due date of the commitment (this is the contractual date set for the full repayment of the sums due under the commitment, it being specified that this date may be extended either by agreement of the parties or by a court decision): I _ I _ I _ I _ I _ I _ I _ I _ I _ I



Amount of the commitment or factors enabling it to be determined: these factors, once specified in the waiver, definitively set the maximum amount for which the same waiver is valid: (if amount in euros, write it out in full)





Date requested for waiver: I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I _ I Date of request for waiver: I _ I _ I _ I _ I _ I _ I _ I _ I


III. III -Information for the sole trader on the consequences of the waiver of protection of his personal assets by the beneficiary of the waiver


(the content of the information delivered to the sole trader) (the content of the information provided under III of article D. 526-28 of the French Commercial Code may be appended hereto)





IV. IV -Waiver of the seven-day cooling-off period (where applicable)


Waiver of the seven-day cooling-off period (where applicable)


Waiver of the seven-day cooling-off period (where applicable) If the sole trader and the beneficiary of the waiver wish to reduce the cooling-off period at the end of which the waiver takes effect, under the conditions set out in the second paragraph of Article L. 526-25, the act of renunciation shall bear the following handwritten note by the sole trader: "I hereby declare that I renounce the benefit of the seven-clear-day cooling-off period, set in accordance with provisions of article L. 526-25 of the French Commercial Code. Consequently, this period is reduced to three clear days. "







Done at I _ I _ I _ I _ I _ I _ I _ I _ I _ I


Signature of the sole trader

Signature of the beneficiary of the waiver
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

English · French · Russian

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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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Article Annexe of the French Commercial code | French Legislation