Section 2: Provisions specific to Mayotte

Articles in this section · 2

Article L441-7

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 8 Nov 2023

For the application of this book in Mayotte:
1° A The first sentence of the first paragraph of Article L. 412-6 is not applicable to the renewal of the residence permit of a foreigner in a state of polygamy legally constituted in Mayotte on the date of publication of Law no. 2003-660 of 21 July 2003 on programmes for overseas France or Ordinance no. 2010-590 of 3 June 2010 on provisions relating to the civil status under local law applicable in Mayotte and the courts competent to hear cases. The second sentence of the first paragraph of the same Article L. 412-6 does not apply to this same category of foreign national;
1° The civic training referred to in 1° of article L. 413-3 includes a section on the history and geography of the community in which the foreign national resides;
2° The content of the training and support measures referred to in 1° to 3° of article L. 413-3 and the level of knowledge of the French language referred to in article L. 413-7 may be adapted, under conditions set by decree by the Conseil d'Etat, to take account of the specific situation of the Department of Mayotte;
3° In Article L. 414-1, the words: "in France" are replaced by the words: "in the territories to which they give access" ;
4° In article L. 414-10, the words: "on mainland France" are replaced by the words: "on the territory of the local authority";
5° Article L. 414-4 is amended as follows:
a) In a) In 1°, after the words "residence permit", the following words are added: "or to a foreign minor born on French territory, at least one of whose parents holds a temporary residence permit, a multi-annual residence permit or a residence permit;"
b) After 8°, the following words are added: "or to a foreign minor born on French territory, at least one of whose parents holds a temporary residence permit, a multi-annual residence permit or a residence permit b) A new 9° is inserted after 8°, worded as follows:
" 9°. "9° Who, born abroad, entered Mayotte, excluding family reunification, before the age of thirteen under cover of the documents and visas required by the international conventions and regulations in force and at least one of whose parents holds a temporary residence permit, a multi-annual residence permit or a resident's permit. "
6° Article L. 414-5 reads as follows:

"Art. L. 414-5 -The travel document for foreign minors issued by the representative of the State in Mayotte only allows the holder to be readmitted to Mayotte without a visa, on presentation of this document accompanied by a valid travel document. Minors who are nationals of a third country on the list annexed to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement and who reside in Mayotte and wish to travel to another département must obtain a visa. This visa is issued under the conditions set out in Article L. 441-8. "

7° Article L. 421-8 is completed by a paragraph worded as follows:
"The conditions of issue and remuneration thresholds may differ for local authorities governed by Article 73 of the Constitution in order to take into account the smaller size of these economies, local demographic dynamics and the situation on the labour market. The immigration observatories provided for in Article L. 158-1 of this Code may be consulted before these conditions and thresholds are defined. "
8° For the application of the first paragraph of Article L. 423-6 and Article L. 423-10, foreign nationals must provide evidence of stable, regular and sufficient resources to support themselves;
9° The last sentence of Article L. 423-19 is deleted;
10° In the first paragraph of Article L. 423-21, after the words: "with at least one of their parents", the following words are added: "legitimate, natural or adoptive, holding a temporary residence permit or resident's permit,";
11° Article L. 425-19 is deleted. 11° Article L. 425-2 is not applicable;
12° In articles L. 426-11, L. 426-14 and L. 434-8, the reference to article L. 815-1 of the Social Security Code is replaced by the reference to article 28 of order no. 2002-411 of 27 March 2002;
13° Section 3 of Chapter II of Title III does not apply;
14° In article L. 434-8, the reference to article L. 821-1 of the Social Security Code is replaced by the reference to article 35 of order no. 2002-411 of 27 March 2002;
15° Chapter V of Title III is not applicable.

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

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