Subsection 1: Compulsory sureties covered by the surety guarantee mechanism.

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Article D313-26

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

Pursuant to article L. 313-50, the surety guarantee mechanism covers surety commitments granted by a credit institution or finance company authorised in France under:

1° Article 1799-1 of the Civil Code, Article 1 of Law no. 71-584 of 16 July 1971, as amended, designed to regulate the retention of guarantees in respect of works contracts as defined by 3° of Article 1779 of the Civil Code and Articles 13-1 and 14 of Law no. 75-1334 of 31 December 1975, as amended, relating to subcontracting;

2° Articles L. 1251-49 to L. 1251-53 and articles L. 7123-19, L. 7123-21 and L. 7123-22 of the French Labour Code;

3° Article L. 530-1 of the Insurance Code;

4° Du h de article L. 222-3, du k de article L. 231-2, du g de article L. 232-1 and the articles R. 222-9 and R. 222-11 du code de la construction et de l'habitation ;

5° Du d de article L. 261-11 and the articles R. 261-17 to R. 261-24 du code de la construction et de l'habitation et des articles 6 et 15 de la loi n° 84-595 du 12 juillet 1984 définissant la location-accession à la propriété immobilière ;

6° Article R. 141-2 of the French Rural and Maritime Fishing Code;

7° Article 3 (2°) of law no. 70-9 of 2 January 1970 regulating the conditions under which certain activities relating to buildings and businesses may be carried out;

8° The second paragraph of Article 27 of Law no. 71-1130 of 31 December 1971 reforming certain legal professions;

9° I of article 7-1 of law no. 82-1153 of 30 December 1982 on the orientation of domestic transport;

10° Article L. 519-4;

11° c of article L. 212-2 of the Tourism Code, b of article L. 213-3 of the same code until the date stipulated in the first paragraph of article 4 of order no. 2005-174 of 24 February 2005, then, from that date, d of article L. 213-3 and articles L. 213-5 and L. 213-7 of the same code until the date stipulated in the first paragraph of article 4 of order no. 2005-174 of 24 February 2005;

12° Articles L. 522-11 and L. 522-12 of the French Commercial Code;

13° Article R. 3211-8 of the French Transport Code;

14° Articles 7 and 14 of Decree no. 90-200 of 5 March 1990 on the practice of the profession of freight forwarder;

15° 2° of article 3 of decree no. 89-273 of 26 April 1989 implementing the decree of 9 January 1852 , as amended, on the practice of sea fishing with regard to the first marketing of sea fishing products and the rules relating to the communication of statistical information;

16° 2° of article 9 of decree no. 98-58 of 28 January 1998 relating to the conditions for issuing the foreign trader's identity card;

17° Article 331-5 of the General Regulations of the Autorité des Marchés Financiers;

18° Article 16 of the Order of 6 May 1995 on aerodromes and other sites used by helicopters.

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

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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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