Subsection 3: Acts of municipal authorities and litigation

Articles in this section · 2

Article L2573-12

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

I. - The provisions of Chapter I of Title III of Book I of Part Two mentioned in the left-hand column of the table below shall apply in French Polynesia in the wording indicated in the right-hand column of the same table subject to the adaptations provided for in II and III.


APPLICABLE PROVISIONS

AS PROVIDED FOR IN

L. 2131-1

Order no. 2021-1310 of 7 October 2021

L. 2131-2

Order no. 2021-1310 of 7 October 2021

L. 2131-3

Order no. 2021-1310 of 7 October 2021

L. 2131-4 and L. 2131-5

law no. 96-142 of 21 February 1996

L. 2131-6

law no. 2000-597 of 30 June 2000

L. 2131-7

law no. 2004-809 of 13 August 2004

L. 2131-8 to L. 2131-10

law no. 96-142 of 24 February 1996
L. 2131-11law no. 2022-217 of 21 February 2022
L. 2131-12law no. 96-142 of 24 February 1996

II.For the application of article L. 2131-1:


The following words are added 1° The words: "in the arrondissement" are replaced twice by the words: "in the administrative subdivision";


>The sixth paragraph of IV. 2° The 6th paragraph of IV does not apply to associated communes with more than 3,500 inhabitants.


III. III -For the application of article L. 2131-2:



1° In the first paragraph of I and in the second paragraph of II, the words "in the arrondissement" are replaced by the words "in the administrative subdivision";


2° In b of 1° of I, the words "at the management centres" are replaced by the words "at the management centre";


3° 4° of I of Article L. 2131-2 is worded as follows:


> 4° Contracts and agreements signed by the management centres are worded as follows "4° Contracts and framework agreements with a value in excess of the threshold for formalised procedures defined by the regulations applicable locally, partnership contracts, agreements relating to loans as well as concession contracts, including public service delegations, and development concessions. 4° Pour l'application du 5° du I, les mots : " des 1° et 2° de l'article 3 de la loi n° 84-53 du 26 janvier 1984 portant dispositions statutaires relatives à la fonction publique territoriale " sont remplacés par les mots : " de l'article 8 de l'ordonnance n° 2005-10 du 4 janvier 2005 portant statut général des fonctionnaires des communes et des groupements de communes de la Polynésie française ainsi que de leurs établissements publics administratifs ";


5° In 6° of I, the words: "in Articles L. 422-2-1 and L. 422-3 of the Town Planning Code" are replaced by the words: "in Article 50 of Organic Law no. 2004-192 of 27 February 2004 on the autonomous status of French Polynesia";


6° In the first paragraph of II, the sentence: "For municipalities with more than 50,000 inhabitants, this transmission is carried out in accordance with these procedures" is deleted.


IV. IV.-For the application of article L. 2131-11, the words: "collectivités territoriales" are replaced by the words: "communes".

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

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