Title VII: Residence ban

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Article D571-2

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

The Public Prosecutor's Office at the court that imposed the residence ban, which has become enforceable, will give or arrange for the convicted person to be given a document enabling him or her to prove his or her situation with regard to the residence ban. Where the residence ban has been imposed with provisional enforcement, this document may be handed over at the end of the hearing. If the offender has been imprisoned, this document is given to him or her on release. If the sentenced person is summoned by the sentence enforcement judge when this document could not previously be given to him or her, this magistrate will ensure that it is handed over.

The document given to the convicted offender shall mention the offender's marital status, the date of the sentencing decision and the court from which it originates, the duration of the ban on residence as well as the list of prohibited places and, if applicable, the supervision measure(s) set by the court pursuant to l'article 762-1.

Any decision modifying the terms of enforcement of the residence ban pursuant to articles 762-4 and 762-5 is mentioned on the document. This mention is made by the magistrate taking the decision or, if the decision is taken by the criminal court, by the public prosecutor at that court.

If the residence ban accompanies an unsuspended custodial sentence, the document also mentions this sentence and the day on which the deprivation of liberty ended.

The document reproduces the terms of Articles 131-31 and 131-32 of the Criminal Code and articles 762-2, 762-4 and 762-5 of the code of criminal procedure. It further specifies that the fact that the convicted person evades the obligations and prohibitions arising from the residence ban is punishable by the penalties set out in Article 434-38 of the Criminal Code.

The model of the document provided for in this article shall be drawn up by the Minister of Justice.

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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