CHAPTER II: Local semi-public companies

Articles in this section · 3

Article L1862-1

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

I.-The provisions of Title II of Book V of Part One mentioned in the left-hand column of the table below, insofar as they apply to communes and their groupings, are applicable to semi-public companies created by the communes of French Polynesia as well as their groupings in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for in II to XII.


APPLICABLE PROVISIONS

IN THE VERSIONS RESULTING FROM

L. 1521-1

law no. 2004-806 of 9 August 2004

L. 1522-1

law no. 2022-217 of 21 February 2022

L. 1522-2 to L. 1522-5

Order no. 2003-1212 of 18 December 2003

L. 1523-1

law no. 96-142 of 21 February 1996

L. 1523-4

law no. 2005-809 of 20 July 2005

L. 1523-5, with the exception of its seventh paragraph

Order no. 2009-1530 of 10 December 2009

L. 1523-6

law no. 2000-1208 of 13 December 2000

L. 1523-7

law no. 2002-1 of 2 January 2002

L. 1524-1

law no. 2022-217 of 21 February 2022

L. 1524-2

law no. 2004-806 of 9 August 2004

L. 1524-3 and L. 1524-4

law no. 96-142 of 21 February 1996

L. 1524-5

law no. 2022-217 of 21 February 2022

L. 1524-5-1 to L. 1524-5-3

law no. 2022-217 of 21 February 2022

L. 1524-6

law no. 2002-1 of 2 January 2002

L. 1524-7

law no. 96-142 of 21 February 1996

L. 1525-3,3°

law no. 2000-1208 of 13 December 2000

II. - For the application of Article L. 1521-1:

1° The words: ", départements, regions" are deleted;

2° The last sentence of the first paragraph is deleted.

III.-.For the application of Article L. 1522-1:

1° In the first paragraph, the words: ", departments, regions" are deleted;

2° In 1°, the words: "Book II of the Commercial Code, subject to the provisions of this Title" are replaced by the words: "the locally applicable Commercial Code".

IV. - For the application of Article L. 1522-3, the words: "of Article L. 224-2 of the Commercial Code" are replaced by the words: "of the locally applicable Commercial Code".

V. - For the application of article L. 1523-4:

1° In the first paragraph, the words: "concessions awarded on the basis of article L. 300-4 of the town planning code or public service delegation contracts" are replaced by the words: "contracts provided for on the basis of article L. 2573-20" and the words: "or the concession" are deleted;

2° In the second paragraph, the words: "the concession or the public service delegation contract" are replaced by the words: "the contract".

VI. - In the sixth paragraph of Article L. 1523-5, the second sentence is not applicable.

VII. - For the application of Article L. 1523-6, the words: "the départements and the communes may alone or jointly," are replaced by the words: "the communes may".

VIII. - For the application of Article L. 1524-1:

1° The words: "to the representative of the State in the département where the company's registered office is located" are replaced by the words: "to the head of the administrative subdivision where the company's registered office is located or to the High Commissioner of the Republic";

1° bis In the last sentence of the first paragraph, the words: "L. 235-2 to L. 235-14 du code de commerce" are replaced by the words: "du code de commerce applicable localement";

2° The words: "l'article L. 1523-2" are replaced by the words "l'article L. 1862-2";

3° In the second sentence of the last paragraph, the references: ", L. 3131-2, L. 4141-2," are replaced by the word: "and" and, at the end, the references: ", L. 5421-2 and L. 5721-4" are deleted;

IX. - For the application of Article L. 1524-2:

1° In the first and second sentences of the first paragraph and in the second paragraph, the word "regional" is replaced by the word "territorial";

2° The last paragraph is deleted.

X. - For the application of Article L. 1524-3, the words: "to the representative of the State in the department" are replaced by the words: "to the head of the administrative subdivision where the company's registered office is located or to the High Commissioner".

XI. - For the application of Article L. 1524-5 :

1° References to articles of the Commercial Code are replaced by references to the corresponding provisions applicable locally;

2° In the ninth paragraph, the words: ", departmental or regional within the meaning of articles L. 207, L. 231 and L. 343 of the Electoral Code" are replaced by the words: "or territorial within the meaning of the Electoral Code";

3° In the twelfth paragraph:

a) The words: "mentioned in Article L. 1411-5" are replaced by the words: "for the award of public service delegations by the territorial authority or grouping";

b) The words: "Title I of this book" are replaced by the words: "the locally applicable provisions";

c) The words: "in Articles L. 2252-1, L. 3231-4 or L. 4253-1" are replaced by the words: "in Article L. 2252-1"

XII.-For the application of Article L. 1524-5-1, references to articles of the Commercial Code are replaced by references to the locally applicable Commercial Code.

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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