TITLE V: PROPERTY AND STAFF

Articles in this section · 4

L3651-1L3651-2L3651-3L3651-4

Article L3651-1

French General Code of Local AuthoritiesIn force
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Updated 7 Nov 2023

Property and rights, whether movable or immovable, located on the territory of the Metropole of Lyon and used for the exercise of the competences mentioned in articles L. 3641-1 and L. 3641-2 and for the exercise of the powers referred to in 9 of I of Article L. 3642-2 are automatically made available to the metropolitan authority by the communes located within its territory and by the Rhône department.

In application of Article L. 1321-4, the assets and rights mentioned in the first paragraph of this article are transferred in full ownership to the assets of the Lyon metropolitan authority, no later than one year after the date of the first meeting of the council of the metropolitan authority.

The assets and rights belonging to the Lyon urban community are transferred to the Lyon metropolitan authority in full ownership as of right. Where the property was made available by the communes to this public establishment pursuant to articles L. 1321-1 and L. 1321-2, the transfer of ownership is carried out between the communes concerned and the metropole of Lyon.

Failing an amicable agreement, a decree in the Conseil d'Etat, issued after the opinion of a commission whose composition is set by order of the Minister of the Interior and which includes the mayors of the communes located within its territory, the president of the metropolitan council and the president of the Rhône departmental council, carries out the final transfer of ownership.

The transfers are carried out free of charge and do not give rise to the payment of any compensation or tax or any duty, salary or fee, in particular the contribution provided for in l'article 879 du code général des impôts.

La métropole de Lyon is automatically substituted, for the exercise of its competencies, for the communes, the Rhône department and the Lyon urban community in all the rights and obligations attached to the assets made available and transferred to the métropole in application of the first four paragraphs.

The contracts are executed under the previous conditions until their term, unless otherwise agreed by the parties. The co-contractors are informed of the substitution of legal entity by the Metropolitan Council. The substitution of a legal entity for existing contracts does not give rise to any right to termination or compensation for the co-contractor.

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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