Subsection 1: Adequate explanations and warnings

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Article L313-11

French Consumer CodeIn force

Updated 8 Nov 2023

The creditor or credit intermediary shall provide the borrower, free of charge, with adequate explanations to enable the borrower to determine whether the credit agreement or agreements offered and any ancillary services are suited to the borrower's needs and financial situation.

These explanations include in particular:

1° The information contained in the European Standardised Information Sheet referred to in Article L. 313-7, as well as, for credit intermediaries, the information requirements set out under article L. 519-4-1 du code monétaire et financier ;

2° The main characteristics of the loan(s) and ancillary services offered;

3° The specific effects that the loan(s) and ancillary services offered may have on the borrower, including the consequences of a default by the borrower, particularly in the event of the guarantees being realised. Where the guarantee consists of a surety bond granted by a professional surety organisation, the creditor shall inform the borrower of the nature, beneficiaries and conditions under which this may be invoked and the consequences for the borrower;

4° With regard to any ancillary services linked to the credit agreement, an indication of whether or not it is possible to terminate each component separately and the implications of such a procedure for the borrower.

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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