Chapter X: Digital asset service providers

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Article D54-10-7

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

As soon as it receives an application for authorisation pursuant to Article L. 54-10-5, the AMF will investigate the application. It may ask the applicant for any additional information needed to examine the application.

When the Autorité des marchés financiers requests the opinion of the Agence nationale de la sécurité des systèmes d'information to verify the security of the information systems of digital asset service providers, the Agence nationale de la sécurité des systèmes d'information shall provide its opinion within two months of the request. The Autorité des marchés financiers shall provide any relevant documents.

The AMF may ask the applicant to use products that have been evaluated and certified under the conditions set out in Decree 2002-535 of 18 April 2002 on the evaluation and certification of the security offered by information technology products and systems, or to have a security audit carried out by a qualified trust service provider under the conditions set out in Decree 2015-350 of 27 March 2015 relating to the qualification of security products and trust service providers for the purposes of information system security or Decree no. 2010-112 of 2 February 2010 implementing articles 9,10 and 12 of Order 2005-1516 of 8 December 2005 on electronic exchanges between users and administrative authorities and between administrative authorities. The Autorité des marchés financiers may ask the applicant for the audit report drawn up by the qualified trust service provider and may request the opinion of the Agence nationale de la sécurité des systèmes d'information on this report.

The AMF will notify the applicant of its decision within six months of receipt of the complete application.

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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