Section 2: Specific provisions for public transport companies and commercial vehicle hire companies.

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Article D144-5

French Commercial codeIn force

Updated 6 Nov 2023

Transactions for the purpose of adapting the lessee's rights to the useful load of his fleet of vehicles where the total transport capacity thus obtained by the lessee is less than the useful load of his fleet of vehicles shall not be considered as a lease of goodwill, within the meaning of article

L. 144-1

, operations whose purpose is to adapt the lessee's rights to the useful load of his vehicle fleet when the total transport capacity thus obtained by the lessee does not exceed five tonnes for public goods transport or sixty passenger seats for occasional passenger services and when the rentals, for a single lessor, total no more than ten tonnes or sixty passenger seats and remain less than half the total amount of the rights of this lessor.

Neither are reciprocal leases whose purpose is to facilitate the operation of businesses and granted, for each of the parties, within the limit of ten tonnes for the public transport of goods or the leasing of industrial vehicles or sixty passenger seats for occasional passenger services considered as leases of goodwill.

Articles L. 144-1 to L. 144-13 do not apply to agreements concluded on a provisional basis by operators of regular passenger services for the organisation of their respective services, with the agreement of the authorities.

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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