Section 1: Scope of application

Articles in this section · 2

Article L313-2

French Consumer CodeIn force

Updated 8 Nov 2023

Excluded from the scope of this chapter are:

1° Loans granted to legal persons governed by public law;

2° Those intended, in any form whatsoever, to finance a professional activity, in particular that of natural or legal persons who, on a regular basis, even if ancillary to another activity, or by virtue of their corporate purpose, provide, in any form whatsoever, buildings or parts of buildings, whether built on or not, whether completed or not, whether collective or individual, whether owned or enjoyed ;

3° Deferred credit transactions, governed by the loi n° 52-332 du 24 mars 1952 relative aux entreprises de crédit différé lorsqu'elles ne sont pas associées à un crédit d'anticipation;

4° Les opérations mentionnées au 3° of Article L. 511-6 of the Monetary and Financial Code;

5° Credit transactions that do not attract any interest or charges other than charges covering the costs associated with guaranteeing the credit;

6° Transactions granted in the form of an overdraft facility repayable within one month ;

7° Contracts that are the expression of an agreement reached before a court;

8° Contracts resulting from a conventional recovery plan referred to in Article L. 732-1 concluded before the commission de surendettement des particuliers;

9° Credit agreements concluded in connection with a payment period granted, free of charge, to settle an existing debt that are not guaranteed by a mortgage or comparable real security;

10° The life mortgage loan governed by Articles L. 315-1 et seq.

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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