Section 5: Formation of the credit agreement

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Article L313-25

French Consumer CodeIn force

Updated 8 Nov 2023

The offer mentioned in article L. 313-24 :

1° Mention the identity of the parties and any declared guarantors;

2° Specify the nature, purpose, terms and conditions of the loan, in particular those relating to the dates and conditions for making the funds available;

3° For loan offers with a fixed interest rate, include an amortisation schedule detailing for each instalment the breakdown of repayment between capital and interest ;

4° For offers of loans with a variable or reviewable interest rate, is accompanied by a notice setting out the conditions and procedures for varying the interest rate and an information document containing a simulation of the impact of a variation in this rate on the monthly repayments, the term of the loan and the total cost of the credit. This simulation does not constitute a commitment by the lender to the borrower as to the actual change in interest rates during the term of the loan and its impact on the monthly repayments, the term of the loan and the total cost of the credit. The information document shall state that the simulation is only indicative and that the creditor is not liable for any actual changes in interest rates during the loan and their impact on the monthly repayments, the term of the loan and the total cost of the credit;

5° In addition to the amount of credit that may be granted and, where applicable, the amount of any periodically available instalments, the information document shall also state the total cost of the credit, its rate defined in accordance with Articles L. 314-1 à L. 314-4 as well as, where applicable, the terms of indexation;

6° States, giving an assessment of their cost, the stipulations, insurance and real or personal sureties required, which are a condition of taking out the loan;

7° States that the borrower may take out insurance with the insurer of his choice under the conditions set out in articles L. 313-29 et L. 313-30 and specifies the documents that the request for substitution must contain;

8° Sets out the conditions required for any transfer of the loan to a third party;

9° Recalls the provisions of article L. 313-34.

Where applicable, information relating to the different credit agreements making up a financing transaction may be included in the offer.

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

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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