CHAPTER II: Local referendum

Articles in this section · 12

Article D6332-2

French General Code of Local AuthoritiesIn force

Updated 4 Nov 2023

To take part in the campaign for the referendum, groups of elected representatives, political parties and groupings that meet the conditions laid down in Article LO 1112-10 submit a request for authorisation to the President of the Territorial Council of Saint-Martin no later than 5 p.m. on the third Monday before polling day.

Each group of elected representatives shall attach a list of its members to its request for authorisation.

Each party or political grouping to which elected representatives or candidates have declared their affiliation under the conditions provided for in Article LO 1112-10 shall attach a list of these elected representatives or candidates and their declaration of affiliation to its request for authorisation.

An order of the President of the Territorial Council, published or posted no later than the third Friday before polling day, sets out the list of groups of elected representatives, political parties and groupings authorised to take part in the campaign as well as the list of persons declaring their affiliation.

Any elector registered in Saint-Martin as well as any political group, party or grouping that has submitted an application for authorisation may, within twenty-four hours of the publication of the list, refer the matter to the Administrative Court. The court rules in the first and last instance within three days of the application being lodged.

For the application of the articles of the Electoral Code (Regulatory part) to the campaign organised with a view to a local referendum, references to candidates and lists of candidates are replaced by references to groups of elected representatives, political parties and groupings.

Please note that these articles of the Electoral Code do not apply to the campaign organised with a view to a local referendum.
Mariela Petrova

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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

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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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