Paragraph 3: Conditions for holding municipal office.

Articles in this section · 2

Article D2573-8

French General Code of Local AuthoritiesIn force

Updated 4 Nov 2023

I.-The provisions of Chapter III, Title II, Book I of Part Two mentioned in the left-hand column of the tables reproduced below shall apply in French Polynesia, in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for in II to XV.


APPLICABLE PROVISIONS

IN THE VERSION RESULTING FROM

R. 2123-1 and R. 2123-2

Decree no. 2000-318 of 7 April 2000

R. 2123-3 and R. 2123-4

Decree no. 2003-836 of 1st September 2003
R. 2123-5Decree no. 2021-1708 of 17th December 2021
R. 2123-6 and R. 2123-7Decree no. 2003-836 of 1st September 2003

R. 2123-9 and R. 2123-11

Decree no. 2003-836 of 1st September 2003
R. 2123-11-1
Decree no. 2003-943 of 2 October 2003
R. 2123-11-2
Decree no. 2021-1708 of 17 December 2021
R. 2123-11-3Decree no. 2003-943 of 2 October 2003

R. 2123-12

Decree no. 2021-596 of 14 May 2021

R. 2123-13 to R. 2123-15

Decree no. 2000-318 of 7 April 2000

R. 2123-16

Decree no. 2021-596 of 14 May 2021

R. 2123-17 to R. 2123-19

Decree no. 2000-318 of 7 April 2000

R. 2123-20

Decree no. 2021-596 of 14 May 2021

R. 2123-21 and R. 2123-22

Decree no. 2000-318 of 7 April 2000

R. 2123-22-1-A

Decree no. 2021-596 of 14 May 2021

R. 2123-22-1-B to R. 2123-22-1-D

Decree no. 2021-1708 of 17 December 2021

R. 2123-22-1 to R. 2123-22-3

Decree no. 2005-235 of 14 March 2005

D. 2123-22-4-A

Decree no. 2020-948 of 30 July 2020

D. 2123-22-4

Decree no. 2007-808 of 11 May 2007

D. 2123-22-6

Decree no. 2020-948 of 30 July 2020

II. - For the application of article R. 2123-2, after the word "public" the following words are inserted: "or by Order no. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and groups of communes of French Polynesia and their public administrative establishments".

III. - For the application of article R. 2123-4, after the word "public" the following words are inserted: "or by Order no. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and commune groupings of French Polynesia and their public administrative establishments"

III bis.For the application of article R. 2123-5:

1° In the third paragraph, the words: "one hundred and twenty-two and thirty hours ˮ are replaced by the words: "one hundred and thirty-six and thirty hours ˮ;

2° In the fourth paragraph, the words: "seventy hours ˮ are replaced by the words: "seventy-eight hours ˮ;

3° In the sixth paragraph, the words: "ten thirty ˮ hours are replaced by the words: "eleven ˮ hours.

IV. - For the application of article R. 2123-6 :

1° The words: "when they come under the territorial civil service, in application of article 1 of decree no. 2001-623 of 12 July 2001 taken for the application of article 7-1 of law no. 84-53 of 26 January 1984 and relating to the organisation and reduction of working time in the territorial civil service" are replaced by the words: "when they come under the civil service of French Polynesia, on the basis of locally applicable provisions";

2° The words: "in Article 1 of Decree no. 2001-623 of 12 July 2001" are replaced by the words: "by locally applicable provisions".

V. - For the application of article R. 2123-7 :

1° The words: "of article L. 3123-6 of the Labour Code" are replaced by the words: "applicable locally in terms of labour law";

2° After the word: "public" are inserted the words: "or by Order No. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and commune groupings of French Polynesia and their public administrative establishments".

VI. - For the application of article R. 2123-9:

1° The words: "article L. 3121-27 of the Labour Code" are replaced by the words: "the regulations applicable locally";

2° The words: "either by decrees in the Council of Ministers, or by collective agreement under the conditions provided for in article L. 3121-67 of the Labour Code, or in the event of an equivalence scheme introduced under the conditions provided for by Articles L. 3121-13 to L. 3121-15 of the same code" are replaced by the words: "by the regulations applicable locally";

3° The words: "pursuant to 4° of Article L. 1251-43 of the Labour Code" are deleted.

VII. - For the application of Article R. 2123-10 :

1° After the word: "public" are inserted the words: "or by Order No. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and commune groupings of French Polynesia and their public administrative establishments";

2° The words: "à l'article 1er du décret n° 2000-815 du 25 août 2000 ou à l'article 1er du décret n° 2001-623 du 12 juillet 2001 ou à l'article 1er du décret n° 2002-9 du 4 janvier 2002" are replaced by the words: "par la réglementation applicable localement";

3° Au deuxième alinéa, les mots: ", as the case may be, by decree no. 2000-815 of 25 August 2000 or decree no. 2001-623 of 12 July 2001 or decree no. 2002-9 of 4 January 2002" are replaced by the words: "by locally applicable regulations".

VIII. - For the application of article R. 2123-11 :

1° The words: "articles L. 2123-2 and L. 2123-4" are replaced by the words: "article L. 2123-2";

2° After the word "public" are inserted the words: "or by Order No. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and commune groupings of French Polynesia and their public administrative establishments".

IX. - For the application of article R. 2123-12, after the word: "issued" is inserted the word: "either", and after the words: "R. 1221-22-1" are inserted the words: "or, when this body has its registered office in French Polynesia, by the High Commissioner of the Republic in French Polynesia".

X. - For its application to the communes of French Polynesia, Article R. 2123-13 shall read as follows: "The travel expenses of elected municipal officials are paid by the commune up to the amount of the daily allowances allocated for this purpose to civil servants in the State bodies for the administration of French Polynesia. "

XI. - (repealed)

XII. - For the application of article R. 2123-19, after the word "public" the following words are inserted: "or by Order no. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and groups of communes of French Polynesia, as well as public administrative establishments".

XII bis. - For the application of article R. 2123-22-1-A, the last paragraph is worded as follows:

"The training courses contributing to the professional reintegration of the member of the municipal council are the training courses that fall within the scope of the provisions set out in the Labour Code applicable in French Polynesia relating to continuing professional training. "

XII ter. - For the application of article R. 2123-22-1-B, the word "euros" is replaced by the words "CFP francs".

XIII. - For its application to the communes of French Polynesia, article R. 2123-22-1 reads as follows: "The travel expenses of elected municipal officials are paid by the commune up to the amount of the daily allowances allocated for this purpose to civil servants in the State bodies for the administration of French Polynesia. "

XIV. - For the application of article R. 2123-22-3 :

1° The words: "falling under the provisions of articles L. 5213-1 et L. 5213-2 du code du travail ou pouvant prétendre au bénéfice des dispositions des articles L. 5212-1 à L. 5212-17 de ce même code, ou pouvant prétendre au bénéfice de l'article L. 241-3 du code de l'action sociale et des familles. " are replaced by the words: "covered by locally applicable provisions. ";

2° In the second paragraph, the words: "in Article L. 2123-23" are replaced by the words: "set by order of the High Commissioner of the Republic pursuant to Article L. 2123-23";

XV. - The maximum amount of financial assistance provided for in Article D. 2123-22-4 is set by order of the High Commissioner of the Republic in French Polynesia.

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

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