CHAPTER II: Adoption and implementation of budgets

Articles in this section · 21

Article L1612-1

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

In the event that the budget of a territorial authority has not been adopted before 1 January of the financial year to which it applies, the executive of the territorial authority is entitled, until the adoption of this budget, to levy revenue and to commit, liquidate and mandate expenditure in the operating section within the limit of that entered in the budget for the previous year.

It is entitled to mandate expenditure relating to the capital repayment of annual debt instalments falling due before the budget is voted.

In addition, until the adoption of the budget or until 15 April, in the absence of adoption of the budget before that date, the executive of the local authority may, with the authorisation of the deliberative body, commit, liquidate and mandate investment expenditure, up to a limit of one quarter of the appropriations opened in the budget for the previous financial year, not including appropriations relating to repayment of the debt.

The authorisation referred to in the above paragraph specifies the amount and allocation of the appropriations.

For expenditure of a multiannual nature included in a programme or commitment authorisation voted on in previous financial years, the executive may settle and mandate them within the limit of the payment appropriations provided for in respect of the financial year by the deliberation opening the programme or commitment authorisation.

The corresponding appropriations referred to in the above paragraphs are entered in the budget when it is adopted. The accounting officer is entitled to pay the mandates and recover the revenue vouchers issued under the above conditions.

This article applies to the regions, subject to the provisions of Article L. 4312-6.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More