Section 8: Recourse in the event of non-acceptance and non-payment.

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Article L511-40

French Commercial codeIn force

Updated 7 Nov 2023

Where the bearer agrees to receive in payment either an ordinary cheque, a mandate to transfer funds to the Banque de France, or a postal cheque, the cheque or mandate must indicate the number and maturity of the instruments thus paid. However, this indication is not required for cheques or money orders created for the settlement between bankers of the balance of transactions carried out between them through a clearing house.

If settlement is made by means of an ordinary cheque and if the cheque is not paid, notification of the protest in the absence of payment of the said cheque is made to the domicile of payment of the bill of exchange within the period provided for in article 41 of the decree-law of 30 October 1935 unifying the law on cheques and relating to payment cards. The protest in the absence of payment of the cheque and the notification are made by one and the same writ, except in the case where, for reasons of territorial jurisdiction, the intervention of two ministerial officers is necessary.

If the payment is made by means of a transfer order and if it is rejected by the Banque de France, or by means of a postal cheque and if it is rejected by the postal cheque centre holding the account to be debited, the non-execution shall be the subject of an act of notification at the domicile of the issuer of the said transfer order or postal cheque within eight days from the date of issue. This act shall be drawn up by a bailiff or notary.

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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