CHAPTER I: Compulsory expenditure

Articles in this section · 2

Article L3321-1

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

The following are compulsory for the department:

1° Expenditure relating to the operation of the deliberative bodies and the upkeep of the departmental building;

2° Expenditure relating to the functional allowances provided for in articles L. 3123-15 to L. 3123-18 and the training costs for elected representatives referred to in article L. 3123-12 as well as contributions to the fund set up by article L. 1621-2 ;

3° Contributions to the general social security scheme pursuant to Article L. 3123-20-2 and contributions to the pension schemes for elected representatives pursuant to Articles L. 3123-22 à L. 3123-24;

4° The contribution to the Centre national de la fonction publique territoriale;

5° The remuneration of departmental staff, related contributions and social security contributions;

5° bis Under the conditions provided for in Article 88-1 of the loi n° 84-53 du 26 janvier 1984 portant dispositions statutaires relatives à la fonction publique territoriale, les dépenses afférentes aux prestations mentionnées à l'article 9 de la loi n° 83-634 du 13 juillet 1983 portant droits et obligations des fonctionnaires;

6° Interest on the debt;

7° Operating expenses for colleges ;

8° The department's contribution to the operating expenses of the higher national institutes of professorship and education;

9° (Repealed);

10° Expenditure relating to social action, health and integration borne by the department;

10° bis Expenditure relating to the personalised autonomy allowance;

11° The costs of the departmental epizootics service;

12° Participation in the departmental or territorial fire and rescue service;

13° Expenditure resulting from the maintenance of property transferred to the department by application of the provisions of article L. 318-2 of the town planning code;

14° Expenditure on the construction and major repairs of colleges;

15° Expenditure on the maintenance and construction of commercial and fishing seaports;

16° Expenditure on the maintenance and construction of departmental roads;

17° Expenditure on the repayment of capital debt;

18° Debts due.

19° Depreciation charges;

20° Charges to provisions, in particular for risks relating to the subscription of financial products;

21° The write-back of equipment subsidies received;

22° The contribution provided for in Article 6 quater of the aforementioned Law No. 83-634 of 13 July 1983;

23° The withholding tax provided for in 1° of 2 of Article 204 A of the General Tax Code.

A decree shall determine the terms of application of the provisions of 19°, 20° and 21°.

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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