Section 2: Co-contractor established in France

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Article D8222-5

French Labour CodeIn force

Updated 31 Oct 2023

Where the person entering into the contract is not a private individual who meets the conditions laid down in article D. 8222-4, he is deemed to have carried out the checks required by article L. 8222-1 if he obtains from his co-contractor, at the time of entering into the contract and every six months until the end of its performance :

1° A certificate of provision of the social security declarations and payment of the social security contributions provided for in Article L. 243-15 issued by the social protection body responsible for collecting the contributions less than six months old, the authenticity of which it verifies with the body responsible for collecting the social security contributions.

2° Where registration of the co-contractor in the Trade and Companies Register or the National Register of Companies as a business in the trades and crafts sector is compulsory, or where a regulated profession is involved, one of the following documents:
a) An extract from the entry in the Trade and Companies Register (K or K bis);

b) A certificate of registration in the National Register of Companies as a business in the trades and crafts sector;

c) A quotation, advertising document or professional correspondence, provided that the name or corporate name, full address and registration number in the Trade and Companies Register or in the National Register of Companies as a company in the trades and crafts sector or in a list or roll of a professional body, or the reference to the authorisation issued by the competent authority, are mentioned;

d) The electronic acknowledgement of receipt referred to inarticle R. 123-6 of the French Commercial Code, issued by the clerk of the relevant Commercial Court or the relevant Chamber of Trades and Crafts.

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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