Chapter II: Contracting entities

Articles in this section · 4

Article L1212-3

French Public procurement codeIn force

Updated 8 Nov 2023

The following are network operator activities:
1° The provision, operation or supply of fixed networks intended to provide a service to the public for the production, transport or distribution of:
a) Gas or heat;
b) Electricity;
c) Drinking water.
The supply of networks includes production, wholesale and retail sales.
The disposal or treatment of waste water and hydraulic engineering, irrigation or drainage projects are also considered to be network operator activities when they are linked to the activities mentioned in this 1°, provided that the volume of water used for the supply of drinking water represents more than 20% of the total volume of water used for these projects;
2° Activities relating to the exploitation of a geographical area for the purpose of :
a) Extracting oil or gas;
b) Prospecting for or extracting coal or other solid fuels;
3° Purchases or operating activities intended for the organisation or provision of airports, seaports, river ports or other terminals to carriers;
4° The operation of networks intended to provide a service to the public in the field of transport by rail, tramway, trolleybus, bus, coach, cable or any automatic system, or purchases intended for the organisation or provision of an operator of such networks.
The transport service is considered to be provided by a transport network when a national or territorial authority defines the general conditions for organising the service, in particular with regard to the routes to be followed, the transport capacity available or the frequency of the service;
5° Activities aimed at providing the postal services mentioned inArticle L. 1 of the French Post and Electronic Communications Code or, when provided by a contracting entity that also provides such postal services, the following services:
a) Mail service management services;
b) Non-postal mailing services such as unaddressed direct mail.

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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