Paragraph 2: Private equity funds.

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Article D214-80-3

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

The key investor information document contains the following information:

1° A table containing the following information:

a) The rows show the aggregate categories mentioned in Article D. 214-80-1, followed by the total of these categories;

b) The columns show the following rates:

i) Maximum average annual management and distribution fee, calculated over the period referred to in 3° of Article D. 214-80 ;

ii) Maximum average annual distributor fee, calculated over the period mentioned in 3° of Article D. 214-80;

2° Details of the specific arrangements for sharing capital gains, where the fund rules provide for different rights to the net assets or income of the fund as referred to in II of Article D. 214-80-2;

3° A table containing the following information:

a) In rows, the following three performance scenarios:

i) A pessimistic scenario: at the end of a period corresponding to the life of the fund, including any extensions, the amount of ordinary units subscribed before deduction of fees is equal to 50% of the initial amount of ordinary units subscribed;

ii) An average scenario: at the end of the period mentioned in i) of a of this 3°, the amount of ordinary units subscribed before deduction of fees is equal to 150% of the initial amount of ordinary units subscribed;

iii) An optimistic scenario: at the end of the period mentioned in i) of a) of this 3°, the amount of ordinary units subscribed before deduction of expenses is equal to 250% of the initial amount of ordinary units subscribed;

b) In columns, the following values

i) Initial amount of ordinary units subscribed ;

ii) Management and distribution fees, excluding sales charges;

iii) Impact for the subscriber, at the end of the period mentioned in i) of a) of this 3°, of the amount corresponding to the percentage mentioned in 1° of II of Article D. 214-80-2, calculated using a standardised method;

iv) Total distributions to ordinary units at the end of the period referred to in i) of a) of this 3.

The table referred to in 3° of this article includes the following warning: "The performance scenarios are provided for information purposes only and their presentation in no way constitutes a guarantee that they will actually be achieved".

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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