Section 5 - Multi-year impact study of operating expenditure linked to exceptional investment operations

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Article D1611-35

French General Code of Local AuthoritiesIn force

Updated 5 Nov 2023

In application of article L. 1611-9, the multi-annual impact study on operating expenditure is drawn up for all exceptional investment projects. This study is attached to the presentation of the exceptional investment operation project to the deliberative assembly, which may take place at the time of the budgetary orientation debate or the vote on a budgetary decision or at the time of a request for financing.

The multi-annual impact study on operating expenditure is mandatory for any investment operation project for which the total forecast expenditure exceeds the following thresholds:

1° For communes and inter-communal cooperation establishments with a population of less than 5,000, the threshold is set at 150% of actual operating revenue;

2° For communes and inter-communal cooperation establishments with a population of between 5,000 and 14,999, the threshold is set at 100% of actual operating revenue;

3° For municipalities and establishments for inter-municipal cooperation with a population of between 15,000 and 49,999 inhabitants, the threshold is set at 75% of actual operating revenue;

4° For municipalities and establishments for inter-municipal cooperation with a population of between 50,000 and 400,000 inhabitants, the threshold is set at 50% of actual operating revenue or 50 million euros ;

5° For communes and establishments for inter-communal cooperation with a population in excess of 400,000, the threshold is set at 25% of actual operating revenue or 100 million euros;

6° For départements, the threshold is set at 25% of actual operating revenue or 100 million euros ;

7° For the regions, the territorial authority of French Guiana, the territorial authority of Martinique and local authorities with special status within the meaning of Article 72 of the Constitution, the threshold is set at 25% of actual operating revenue or €200 million.

The public establishments defined in Books IV, V, VI and VII of Part Five apply the provisions corresponding to the threshold of the local authority member of the public establishment with the largest population.

The population to be taken into account for the application of this article is the legal population, as derived from the most recent census carried out by the National Institute of Statistics and Economic Studies.

The actual operating revenues taken into account for the calculation of the threshold are those for the financial year.

Mariela Petrova

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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

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