Subsection 2: The Council of auction houses

Articles in this section · 5

L321-18L321-19L321-20L321-21L321-22

Article L321-21

French Commercial codeIn force
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Updated 7 Nov 2023

I.-The college of the Conseil des maisons de vente comprises:


1° Six representatives, elected in accordance with procedures laid down by decree by the Conseil d'Etat, from among the persons mentioned in I or 3° of II of article L. 321-4, including :


a) Three leading figures practising in the Ile-de-France region;


b) Three leading figures practising outside the Ile-de-France region;


2° Two leading figures appointed by the Minister of Justice;


3° Two leading figures appointed by the Minister of Culture;


4° One leading figure appointed by the Minister of Trade.


An equal number of alternates are appointed in the same way.


The term of office for members of the council is four years, renewable once.


The Chairman of the Conseil des Maisons de Vente is appointed by the Minister of Justice from among the members of the College mentioned in 2° to 4° of this I.


The duties of the members of the College and of the Chairman of the Conseil des maisons de vente may only be terminated before expiry of their term of office in the event of resignation or impediment, under conditions defined by decree of the Conseil d'Etat.


II.-The Conseil des maisons de vente decides by a majority of the members present. In the event of a tie, the Chairman has the casting vote.


III.-No member of the Conseil des maisons de vente may take part in a deliberation relating to :


1° A matter in which he/she has a direct or indirect interest, in which he/she has already taken sides or if he/she represents or has represented the interested party;


2° A body within which he/she has, during the three years prior to the deliberation, held a direct or indirect interest, exercised functions or held a mandate.


Any member of the Board must inform the Chairman of any direct or indirect interest that he holds or comes to hold, of any office that he holds or comes to hold and of any mandate that he holds or comes to hold within a legal entity. This information, together with that concerning the Chairman, shall be made available to the members of the Board.

This information shall be made available to the members of the Board.

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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