Section 2: Specific powers of the President of the Investigating Chamber

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Article D43-4

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

On pain of inadmissibility, the request by the person under investigation for the whole of the proceedings to be examined by the investigating chamber pursuant to the provisions of

Article 221-3

shall be the subject of a reasoned request to the President of this Chamber, which shall be forwarded to the latter via the Examining Magistrate in accordance with the provisions of this Article. This request shall specify whether the person concerned requests to appear before the Chamber.

The request must be declared to the clerk of the examining magistrate hearing the case. It is recorded and dated by the clerk, who signs it together with the applicant or his lawyer. If the applicant is unable to sign, this is noted by the court clerk. Where the claimant or his lawyer does not reside within the jurisdiction of the competent judicial court, the declaration to the registrar may be made by registered letter with acknowledgement of receipt.

The request may also be made by the defendant in custody by means of a declaration to the head of the prison. This declaration is witnessed and dated by the head of the prison, who signs it, together with the applicant. If the applicant is unable to sign, this is noted by the head of the prison. This document is sent without delay, in original or copy and by any means, to the clerk of the examining magistrate.

The examining magistrate immediately sends the original of the request to the president of the examining chamber, together with a copy of the case file.

The president of the investigating chamber rules within eight days of receipt of the request and the case file, in accordance with the provisions of the first paragraph of article 221-3. His decision shall be notified to the accused by the head of the prison, and to his lawyer by registered letter or in accordance with the provisions of

Article 803-1

. A copy of this decision is sent to the examining magistrate.

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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