Chapter II: Other auctions.

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Article L322-3

French Commercial codeIn force

Updated 7 Nov 2023

Public sales and sales by auction after cessation of trade, or in other cases of necessity the assessment of which is submitted to the Commercial Court, may only take place insofar as they have been previously authorised by the Commercial Court, at the request of the merchant-owner, to which a detailed statement of the goods is attached.

The court notes, by its judgment, the fact which gives rise to the sale; it indicates the place in the district where the sale takes place; it may even order that the auctions take place only by lots, the size of which it fixes.

It decides who, of the sworn merchandise brokers, judicial auctioneers or other public officers, is responsible for receiving the bids.

Authorisation may only be granted on the grounds of necessity to a sedentary merchant who has had his real domicile for at least one year in the arrondissement where the sale is to take place.

Posters affixed to the door of the place where the sale takes place state the judgment authorising it.

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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