Section 6: State services and property made available to the territorial collectivity of Corsica

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L4422-43L4422-44

Article L4422-44

French General Code of Local AuthoritiesIn force
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Updated 7 Nov 2023

The transfer of competencies to the territorial collectivity of Corsica automatically entails the transfer to the territorial collectivity of Corsica of movable and immovable property used by the State for the exercise of these competencies. This handover is recorded in a report which specifies in particular the consistency, legal situation and condition of the assets handed over.

When the assets handed over are the property of the State, the handover takes place free of charge. The Corsican regional authority assumes all the obligations of the owner and has full management powers. It is substituted for the State in its rights and obligations arising from the contracts and markets that the latter may have concluded for the development, maintenance and conservation of the property handed over as well as for the operation of the services. It is also substituted for the State in the rights and obligations deriving for the latter, with regard to third parties, from the granting of concessions or authorisations of any kind over all or part of the assets handed over. The Corsican territorial collectivity may entrust the higher education establishments referred to in Article L. 4424-4 with the rights and obligations of the owner over the property assets, including the exercise of project management for university buildings.

When the property made available to the Corsican regional authority was leased by the State, the Corsican regional authority succeeds to all the rights and obligations of the State. It is substituted for the State in contracts of any kind that the latter had concluded for the development, maintenance and conservation of the property as well as for the operation of the services.

In the event of total or partial disaffection of the assets handed over by the State to the Corsican territorial collectivity, the State recovers all of its rights and obligations over the disaffected assets.

The provisions of this article are applicable, where necessary, to the public establishments mentioned in this title.

Mariela Petrova

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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.

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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.

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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.

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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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