Section 3: Classes of affected parts

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Article D626-65

French Commercial codeIn force

Updated 5 Nov 2023

The draft plan provided for in Article L. 626-30-2 must include at least the following information:

1° The identity of the debtor;

2° The debtor's assets and liabilities at the time the restructuring plan is submitted, including the net book value of the assets, a description of the debtor's economic situation and the situation of its employees, and a description of the causes and extent of the debtor's difficulties;

3° The parties affected and their claims or rights affected by the restructuring plan;

>The classes in which the parties are to be included 4° The classes into which the affected parties have been grouped for the purposes of the adoption of the restructuring plan, together with the amount of the claims and the nominal value of the rights in each class;

5° The parties that are not affected by the restructuring plan, together with a description of the reasons why it is proposed not to include them among the affected parties;

>
6° The identity of the court-appointed administrator(s) and the court-appointed trustee(s);

The terms of the restructuring plan 7° The terms of the restructuring plan, including in particular:

-any restructuring measures;

-the proposed duration of any proposed restructuring measures;

-a reminder of the procedures for informing and consulting the social and economic committee;

where applicable, the general consequences for employment, for example redundancies, part-time working arrangements or similar;

> -any new financing anticipated in the future -any new financing anticipated as part of the restructuring plan and the reasons why the new financing is necessary to implement the plan;

8° An explanatory statement explaining why the restructuring plan offers a reasonable prospect of avoiding the debtor's cessation of payments or ensuring its viability, and including the preconditions necessary for the plan's success.

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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