Section 7: Recourse in the event of non-payment

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Article L131-49

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

The bearer must give notice of non-payment to his endorser and to the drawer within four working days of the day of protest and, in the case of a no-fee return clause, on the day of presentation.

Where the cheque indicates the name and address of the drawer, notaries and bailiffs are obliged, on pain of damages, to inform the drawer within forty-eight hours of registration, by registered letter, of the reasons for the refusal to pay. The notary or bailiff will be charged a fee for this letter.

Each endorser must, within two working days following the day on which he received the notice, inform his endorser of the notice he has received, indicating the names and addresses of those who gave the previous notices, and so on, going back to the drawer. The aforementioned time limits run from receipt of the previous notice.

When, in accordance with the preceding paragraph, notice is given to a signatory of the cheque, the same notice must be given within the same period to his endorser.

If an endorser has not indicated his address or has indicated it illegibly, it is sufficient for the notice to be given to the previous endorser.

The person who has notice to give may do so in any form, even by simply returning the cheque.

He must prove that he has given the notice within the time allowed. This time limit is deemed to have been observed if a letter giving the notice was posted within the said time limit.

Any person who fails to give notice within the time limit specified above shall not be liable for forfeiture; he shall be liable, where appropriate, for any loss caused by his negligence, but the damages shall not exceed the amount of the cheque.

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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