Chapter I: Investment services and related services

Articles in this section · 4

Article L321-2

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

Services related to investment services include:

1. Custody account-keeping of financial instruments on behalf of third parties and ancillary services such as the keeping of cash accounts corresponding to those financial instruments or the management of financial collateral, and excluding the provision of the centralised account-keeping service within the meaning of Section A of the Annex to Regulation (EU) No 909/2014 on improving securities settlement in the European Union and on central securities depositories ;

2. The granting of credit or loans to an investor to enable him to carry out a transaction that involves a financial instrument or a unit referred to in Article L. 229-7 of the Environmental Code and in which the company granting the credit or loan is involved ;

3. The provision of advice to companies on capital structure, industrial strategy and related issues, as well as the provision of advice and services relating to mergers and takeovers;

4. Investment research and financial analysis or any other form of general recommendation concerning transactions in financial instruments and in the units referred to in Article L. 229-7 of the Environmental Code;

5. Services related to underwriting;

6. Foreign exchange services when these are linked to the provision of investment services;

7. Services and activities similar to investment services or related services, relating to the underlying element of financial futures instruments, the list of which is set by decree, when they are linked to the provision of investment services or related services;

8. The credit rating service referred to in Article 3(1)(a) and (o) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies.

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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