Paragraph 3: Mobilisation of mortgage and similar claims

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Article L313-44

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

I. - Unless Article L. 313-46 applies, the lender shall recover free disposal of the claims referred to in Article L. 313-43 as and when they fall due or are repaid, or on its own initiative. For as long as the promissory note remains in circulation, it is obliged to replace without interruption the contracts and bills for which it recovers free disposal by an equal principal amount of other debt securities made available to the bearer of the promissory note under the conditions set out in article L. 313-43.

II. - The debt securities made available to the bearer of the promissory note in accordance with I are automatically substituted, by way of subrogation in rem, for the debt securities of which the lender recovers free disposal. This substitution preserves the rights of the holder of the promissory note and, in particular, has the effects provided for in Article L. 313-45, even if the new debt instruments made available to the holder are signed after the promissory note is signed.

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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