SINGLE CHAPTER: Terms and conditions of transfers of competence

Articles in this section · 8

Article D6371-2

French General Code of Local AuthoritiesIn force

Updated 4 Nov 2023

The amount of charges transferred, depending on the competence, by the State, the Regional Council of Guadeloupe, the General Council of Guadeloupe or the municipality of Saint-Martin pursuant to the provisions of Article D. 6371-1 is established for each competence transferred by joint order of the Minister responsible for Overseas France and the Minister responsible for the Budget, following the opinion of the Consultative Commission for the Evaluation of Charges for Saint-Martin.

When a draft of the interministerial order provided for in the previous paragraph is referred to the Saint-Martin Consultative Commission for the Assessment of Charges, it shall give its opinion within two months of the date of receipt of the draft by the chairman of the commission.

This opinion relates in particular to:

1° The list and amount of expenditure incurred, depending on the jurisdiction, by the State, the Regional Council of Guadeloupe, the General Council of Guadeloupe or the municipality of Saint-Martin and used as a basis for calculating the amount of transfers of charges in accordance with Article D. 6371-1;

2° Verification, for each competence transferred, of the concordance between the amounts appearing in the draft decree and the amount of expenditure incurred, in respect of the competences transferred, by the State, the Regional Council of Guadeloupe, the General Council of Guadeloupe or the municipality of Saint-Martin during the periods defined in Article D. 6371-1;

3° The procedures for assessing the costs transferred by the State, the Guadeloupe region, the Guadeloupe department and the municipality of Saint-Martin.

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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