Subsection 3: Relations between public establishments for inter-municipal cooperation with their own tax status and their member municipalities

Articles in this section · 2

Article L5211-11-2

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

I. - After each general renewal of the municipal councils or an operation provided for in articles L. 5211-5-1 A or L. 5211-41-3, the president of the public establishment for intercommunal cooperation with its own tax system places on the agenda of the deliberative body:


1° A debate and deliberation on the drafting of a governance pact between the communes and the public establishment;


>
2° A debate and deliberation on the conditions and procedures for consulting the development council provided for in article L. 5211-10-1 and for involving the population in the design, implementation or evaluation of the public establishment's policies. If the deliberative body decides to draw up the governance pact referred to in 1° of this I, it adopts it within nine months of the general renewal or the operation referred to in the first paragraph of this I, after receiving the opinion of the municipal councils of the member municipalities within two months of transmission of the draft pact.


II. II - The governance pact may provide for:


1° The conditions under which the provisions of Article L. 5211-57 will be implemented;


>The conditions under which the executive committee of the local authority will be responsible for the implementation of the provisions of Article L. 5211-57. 2° The conditions under which the bureau of the public establishment for cooperation between local authorities with their own tax system may propose to convene the conference of mayors to give its opinion on matters of community interest;



4° The creation of specialised committees involving the mayors. The pact then determines their organisation, operation and tasks. Where applicable, the pact sets out the operating procedures for the committees provided for in article L. 5211-40-1;


5° The creation of territorial conferences of mayors, based on geographical areas and areas of responsibility that it determines. The territorial conferences of mayors may be consulted during the development and implementation of the policies of the public inter-municipal cooperation body with its own tax status. The operating procedures of the territorial conferences of mayors are determined by the internal rules of procedure of the deliberative body of the public establishment;


6° The conditions under which the president of the public body may delegate to the mayor of a member municipality the commitment of certain routine maintenance expenses for community infrastructures or buildings. In this case, the pact also lays down the conditions under which the mayor has functional authority over the services of the public establishment, within the framework of an agreement for the provision of services;


> The guidelines for mutualisation of services and the conditions under which the mayor has functional authority over the services of the public establishment. 7° The guidelines for the pooling of services between the services of the public body and those of the member municipalities in order to ensure better organisation of services;



8° The objectives to be pursued in terms of equal representation of women and men on the governance bodies and committees of the public body;


III. III - Amendments to the pact follow the same procedure as its drafting.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More