Section 1: Scope of application.

Articles in this section · 3

Article L145-2

French Commercial codeIn force

Updated 8 Nov 2023

I.-The provisions of this chapter also apply:

1° To leases of premises or buildings housing educational establishments;

2° To leases granted to municipalities for buildings or premises assigned, either at the time of the lease or subsequently and with the express or tacit consent of the owner, to services operated on a self-governing basis ;

3° To leases of buildings or main or ancillary premises, necessary for the pursuit of the activity of public companies and public establishments of an industrial or commercial nature, within the limits defined by the laws and regulations governing them and on condition that these leases do not involve any right of way on the public domain;

4° Subject to the provisions of l'article L. 145-26 to leases of premises or buildings belonging to the State, local authorities and public establishments, where these premises or buildings comply with the provisions of article L. 145-1 or in 1° and 2° above;

5° To leases of buildings housing either cooperative societies having a commercial form or a commercial purpose, or cooperative credit societies, or savings and provident societies;

6° To leases of premises granted to artists admitted to contribute to the social security fund of the Maison des Artistes and recognised as authors of graphic and plastic works, as defined by the article 98 A de l'annexe III du code général des impôts;

7° By way of derogation from article 57 A of law n° 86-1290 of 23 December 1986 tending to encourage rental investment, home ownership of social housing and the development of the land supply, to leases of premises allocated for exclusively professional use if the parties have conventionally adopted this system.

II.-However, the provisions of this chapter do not apply to precarious occupation authorisations granted by the administration on property acquired by it following a declaration of public interest.

III.-In the event of the exercise of the right of pre-emption over a commercial lease, a craft business or a business pursuant to the first paragraph of article L. 214-2 of the Town Planning Code, the lease of the premises or building remains subject to this chapter.

The failure to operate may not be invoked by the lessor to terminate the commercial lease within the period provided for in the same article L. 214-2 for its handover to a new operator.

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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