Section 3: Intermediaries and price allocation.

Articles in this section · 3

Article L143-22

French Commercial codeIn force

Updated 8 Nov 2023

When the confiscation of a business is ordered by a criminal court pursuant to the articles 225-16, 225-19 and 225-22 of the criminal code and 706-39 of the Code of Criminal Procedure, the State must proceed with the sale of the confiscated assets in accordance with the forms set out in this Title within one year, unless this period is exceptionally extended by order of the president of the judicial court. He shall be liable to the creditors only up to the amount of the sale price of this business.

This sale must be carried out in the form of a legal announcement made at least forty-five days before the sale, whether the sale takes place by auction or out of court.

Securities registered after the date of the mention of the commencement of proceedings for one of the offences referred to in the first paragraph are automatically null and void unless the court decides otherwise.

The administrative authority may, at any time, request that the rent be fixed at a rate corresponding to the rental value of the premises.

Where the owner of the confiscated business is at the same time the owner of the premises in which the business is operated, a lease must be drawn up, the terms of which shall be fixed, in the absence of an amicable agreement, by the president of the judicial court, who shall rule in the forms provided for leases of buildings or premises for commercial, industrial or craft use.

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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