Section 2: Adaptation provisions

Articles in this section · 2

Article L3381-2

French Public procurement codeIn force

Updated 8 Nov 2023

For the application of the legislative provisions of Book I in the French Southern and Antarctic Lands:
1° In article L. 3112-3, the word "other" is deleted;
2° In article L. 3113-1, the words "mentioned in article L. 5213-13 of the Labour Code" and "mentioned in article L. 344-2 du code de l'action sociale et des familles et ainsi que à des structures équivalentes" are replaced by the words: "créés en application de la réglementation locale";
3° A l'article L. 3113-2, les mots: "mentionnées à l'article L. 5132-4 du code du travail et à des structures équivalentes" sont remplacés par les mots: "créées en application de la réglementation locale";
4° A l'article L. 3114-9, the words: "within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises" are deleted;
5° In Article L. 3123-1, the references to articles 1741 to 1743, 1746 and 1747 of the General Tax Code are replaced by references to locally applicable provisions having the same purpose and the words: "as well as for equivalent offences under the legislation of another Member State of the European Union" are deleted;
6° In article L. 3123-4, the words "breaches of the obligations laid down in Articles L. 1146-1, L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L. 8251-2 of the Labour Code" are replaced by the words: "having committed an offence relating to undeclared work, illegal employment of foreign nationals and bargaining as defined by locally applicable legislation" and the references to 2° of Article L. 2242-1 of the Labour Code are replaced by the reference to the locally applicable provisions having the same purpose;
7° In Article L. 3123-5, the reference to Article L. 8272-4 of the Labour Code is replaced by the reference to the provisions having the same purpose applicable locally;
8° In Article L. 3123-21, the words: "outside the territory of the European Union" are replaced by the words: "in a third State";
9° The first paragraph of Article L. 3124-6 reads as follows:
"Defence or security concessions are awarded to economic operators from Member States of the European Union. ".

10° In the first paragraph of Article L. 3133-1, the words "the State, local authorities and public establishments" are replaced by the words "the State and its public establishments" and the word "transmit" is replaced by the words "may transmit";

11° In article L. 3133-2 and in 1° of article L. 3133-6, the words "the State, local authorities and public establishments" are replaced by the words "the State and its public establishments".

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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