Paragraph 5: External control

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L518-15-1L518-15-2L518-15-3

Article L518-15-2

French Monetary and Financial CodeIn force
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Updated 7 Nov 2023

The Autorité de contrôle prudentiel et de résolution shall ensure, under the conditions set out in Articles L. 612-17, L. 612-23 to L. 612-27 and L. 612-44, that the banking and financial activities carried out by Caisse des dépôts et consignations, including those mentioned in Article L. 312-20 of this Code, Article L. 132-27-2 of the Insurance Code and Article L. 223-25-4 of the Mutual Code, comply with the rules set out in Article L. 518-15-1 of this Code.

It may issue recommendations or injunctions to Caisse des dépôts et consignations as referred to in I and II of article L. 511-41-3, adapted to the rules applicable to it as referred to in article L. 518-15-1.

It may issue the formal notices provided for in article L. 612-31 and the penalties provided for in 1° and 2° of article L. 612-39. It may also impose, instead of or in addition to the penalties provided for in the same 1° and 2°, taking into account the seriousness of the breaches, a fine of up to one hundred million euros or 10% of annual net sales. The corresponding sums are recovered by the Treasury and paid into the State budget.

When the Autorité de contrôle prudentiel et de résolution issues recommendations, injunctions or formal notices to Caisse des dépôts et consignations or imposes sanctions on it, it must inform the Supervisory Board beforehand and seek its opinion, where appropriate. In the case of a sanction, this information is provided prior to the Supervisory Board's decision to open disciplinary proceedings and, where applicable, before the sanction is imposed by the Enforcement Committee.

As compensation for the tasks entrusted to the Autorité de contrôle prudentiel et de résolution under the laws and regulations governing the institution, the Caisse des dépôts et consignations pays the Banque de France an annual contribution, the amount of which is set in accordance with the procedures laid down by order of the Minister for the Economy, issued on the recommendation of the Supervisory Board.

The Banque de France collects this contribution on behalf of the Autorité de contrôle prudentiel et de résolution.

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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