Subsection 1: Checking and recording offences

Articles in this section · 10

Article L425-7

French Sports CodeIn force

Updated 8 Nov 2023

If the control operations are planned with a view to investigating offences, the Public Prosecutor shall be informed in advance and may object. The public prosecutor is informed immediately, by any means, as soon as an offence is detected.

In all the places mentioned in Article L. 425-4 to which they have access and for the exercise of judicial police missions carried out under the conditions defined in this Article, the New Caledonian agents mentioned in Article L. 425-2 may only seize objects or documents relating to infringements of the provisions of this chapter with the authorisation given by order of the liberty and custody judge in whose jurisdiction the items to be seized are located.

The application for an order must include all the information required to justify the seizure. Officers in possession of this order may, if necessary, call in the police. The operations are carried out under the authority and control of the judge who authorised them.

The order is notified on the spot, at the time of access to the premises or seizure, to the person in charge of the premises or his representative, who receives a copy. In the absence of the person in charge of the premises or his representative, the order is notified to him, after the visit, by registered letter with acknowledgement of receipt. Notification is deemed to have been made on the date of receipt shown on the notice.

The items seized are immediately inventoried in the presence of the person in charge of the premises, or their representative.

The inventory is appended to the report drawn up on the spot describing the operations. The originals of the report and the inventory are sent to the judge who authorised the operations within five days of their completion. A copy is given to the person concerned.

The liberty and custody judge may order the release of the seizure at any time.

The persons referred to in article L. 425-2 shall record the offences referred to in this chapter in reports, which shall be deemed authentic until proven otherwise.

These reports shall be sent to the Public Prosecutor, under penalty of nullity, within five days of the end of the operations. A copy of the reports shall also be given to the person concerned within the same time limit.

The agents of New Caledonia mentioned in Article L. 425-2 may be requested by the public prosecutor, the investigating judge or the officers or agents of the judicial police to assist them.

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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