CHAPTER II: Adoption and implementation of budgets

Articles in this section · 21

Article L1612-9

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

From the time the matter is referred to the Regional Audit Chamber and until the procedure provided for in Article L. 1612-5 has been completed, the deliberative body may not take a decision on budgetary matters, except for the decision provided for in the second paragraph of Article

L. 1612-5

and for the application of article

L. 1612-12

.

When the budget of a territorial authority has been settled and made enforceable by the representative of the State in the department, the supplementary budgets relating to the same financial year are forwarded by the representative of the State to the regional audit chamber. In addition, the deliberative body's vote on the administrative account provided for in article L. 1612-12 takes place before the vote on the initial budget for the following financial year. When the administrative account adopted under the above conditions shows a deficit in the implementation of the budget, this deficit is carried forward to the initial budget for the following financial year. This initial budget is sent to the regional audit chamber by the representative of the State in the department.

If the procedure defined in the above paragraph is applied, the dates set in the first paragraph of article

L. 1612-2

for the adoption of the primary budget are postponed to 1st June and 15th June respectively. In this case, the deadline for the transmission of the accounting officer's management report provided for in article L. 1612-12 is brought back to 1st May.

Mariela Petrova

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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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