Sub-section 2: Powers exercised on behalf of the municipality.

Articles in this section · 7

Article L2122-22

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

The mayor may, in addition, by delegation of the municipal council, be entrusted, in whole or in part, and for the duration of his term of office:

1° To determine and modify the allocation of communal properties used by municipal public services and to carry out all acts of demarcation of communal properties;

2° To set, within the limits determined by the municipal council, the rates for road fees, parking fees, temporary deposits on roads and other public places and, in general, fees provided for the benefit of the municipality which are not of a fiscal nature, these fees and rates may, where applicable, be subject to modulations resulting from the use of dematerialised procedures...;

3° To carry out, within the limits set by the Town Council, the borrowing of funds to finance the investments provided for in the budget, and the financial transactions required to manage the borrowing, including interest rate and exchange rate hedging transactions, and to take the decisions referred to in III of Article L. 1618-2 and in a of article L. 2221-5-1, subject to the provisions of c of this same article, and to pass the necessary acts to this end;

4° To take any decision concerning the preparation, award, performance and settlement of contracts and framework agreements, as well as any decision concerning their riders, when the appropriations are entered in the budget;

5° To decide on the conclusion and revision of leases of goods for a term not exceeding twelve years;

6° To enter into insurance contracts and accept the related claims compensation;

7° To create, modify or abolish the accounting departments required for the operation of municipal services;

8° To decide on the granting and taking back of cemetery plots;

9° To accept gifts and legacies that are not subject to conditions or charges ;

10° To decide on the disposal by mutual agreement of movable property up to €4,600;

11° To set the remuneration and pay the costs and fees of lawyers, notaries, bailiffs and experts;

12° To set, within the limits of the estimate of the tax authorities (domains), the amount of the commune's offers to be notified to the expropriated parties and to respond to their requests ;

13° Decide on the creation of classes in educational establishments;

14° Determine the resumption of alignments in application of a town planning document;

15° Exercise, on behalf of the municipality, the pre-emption rights defined by the town planning code, whether the municipality holds or delegates these rights, delegate the exercise of these rights on the occasion of the disposal of a property in accordance with the provisions of articles L. 211-2 to L. 211-2-3 or the first paragraph of article L. 213-3 of this same code under the conditions set by the municipal council;

16° To bring legal actions in the name of the municipality or defend the municipality in actions brought against it, in cases defined by the municipal council, and to settle with third parties up to a limit of €1,000 for municipalities with fewer than 50,000 inhabitants and €5,000 for municipalities with 50,000 inhabitants or more;

17° To settle the consequences of accidents involving municipal vehicles up to the limit set by the Municipal Council;

18° To grant, pursuant to Article L. 324-1 of the town planning code, the opinion of the municipality prior to operations carried out by a local public land establishment;

19° To sign the agreement provided for in the penultimate paragraph of Article L. 311-4 of the town planning code specifying the conditions under which a builder participates in the cost of amenities in a concerted development zone and to sign the agreement provided for in the third paragraph of Article L. 332-11-2 of the same code, as it read prior to the loi n° 2014-1655 du 29 décembre 2014 de finances rectificative pour 2014, specifying the conditions under which an owner may pay the participation pour voirie et réseaux;

20° To carry out lines of credit on the basis of a maximum amount authorised by the municipal council;

21° To exercise or delegate, pursuant to article L. 214-1-1 of the town planning code, on behalf of the municipality and under the conditions set by the municipal council, the right of pre-emption defined by article L. 214-1 of the same code;

22° To exercise, on behalf of the municipality, the right of first refusal defined in articles L. 240-1 to L. 240-3 of the town planning code or to delegate the exercise of this right in application of the same articles, under the conditions set by the town council;

23° To take the decisions mentioned in articles L. 523-4 and L. 523-5 of the Heritage Code relating to the carrying out of preventive archaeology diagnostics prescribed for development or works operations on the territory of the municipality and to conclude the agreement provided for in Article L. 523-7 of the same code;

24° To authorise, on behalf of the municipality, the renewal of membership of associations of which it is a member;

25° To exercise, on behalf of the municipality, the right of expropriation for reasons of public utility provided for in the third paragraph of article L. 151-37 of the rural and maritime fishing code with a view to carrying out the work required to create intermediate wood storage areas in mountain areas;

26° To apply to any funding body, under the conditions set by the municipal council, for the award of grants;

27° To proceed, within the limits set by the municipal council, with the submission of applications for planning permission relating to the demolition, conversion or erection of municipal property;

28° To exercise, on behalf of the municipality, the right provided for in I of Article 10 of Law no. 75-1351 of 31 December 1975 relating to the protection of occupants of premises for residential use;

29° To open and organise public participation by electronic means as provided for in I of Article L. 123-19 of the Environmental Code;

30° To write off the revenue vouchers, or certain categories of them, presented by the public accountant, each of these vouchers corresponding to an irrecoverable debt of an amount less than a threshold set by deliberation of the municipal council, which may not exceed a threshold set by decree. This same decree specifies the terms under which the mayor reports to the municipal council on the exercise of this delegation;

31° To authorise the special mandates that members of the municipal council may be required to exercise in the course of their duties, as well as the reimbursement of related expenses provided for in article L. 2123-18 of this code.

Delegations granted in application of 3° of this article end as soon as the election campaign for the renewal of the municipal council begins.

Mariela Petrova

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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

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