Chapter II: Investor protection associations.

Articles in this section · 8

Article D452-2

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

In order for the association to obtain approval, its managing members, within the meaning of article 5 of the aforementioned law of 1st July 1901, must meet the following conditions:

1° Be of legal age;

2° Proof of :

a) either a baccalaureate or equivalent diploma ;

b) or appropriate professional training in the economic, legal and financial fields; or

c) at least two years' professional experience in the economic, legal and financial field. This experience must have been acquired during the five years preceding the appointment of the persons concerned as directors of the association;

3° They must not have been convicted of any of the offences referred to in II of

Article L. 500-1

for less than ten years or for the period specified in III of that Article;

4° They must not be subject to :

a) a temporary or permanent ban on exercising an activity or service, pursuant to the provisions of

article L. 621-15

or under a sanction imposed before 24 November 2003 by the Commission des Opérations de Bourse, the Conseil des Marchés Financiers or the Conseil de Discipline de la Gestion Financière ;

b) The sanctions provided for in 4 and 5 of article L. 613-21 or in 3° to 5° of

article L. 310-18

of the Insurance Code;

c) a personal bankruptcy order or other prohibition order under the conditions set out in Book VI of the Commercial Code or, under the previous system, in

article 108

of Law no. 67-563 of 13 July 1967 on judicial settlement, liquidation of assets, personal bankruptcy and bankruptcies, for the duration of the order;

The persons mentioned in the first paragraph of this article must produce a sworn statement to this effect.

Mariela Petrova

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Common Questions

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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