Sub-section 2: Etablissements publics de coopération intercommunale dotés d'une fiscalité propre.

Articles in this section · 8

Article L5211-28-3

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

A public establishment for inter-municipal cooperation with its own tax system and its member municipalities may decide, by concordant deliberations of the deliberative body of the public establishment and of the municipal councils, adopted by a majority of at least two-thirds of the municipal councils of the member municipalities of the public establishment representing more than half of the population of the latter or by at least half of the municipal councils of the municipalities representing two-thirds of the population, to proceed with the unification of one or more of the following direct taxes: council tax on second homes and other furnished premises not used as a main residence, property tax on built-up properties, property tax on non-built-up properties.

For each tax for which unification is decided, the rate of the tax is voted by the deliberative body of the public establishment of inter-municipal cooperation within the same limits and conditions as those applicable to its vote by the communes.

In the first year of the unification provided for by this article, the rate of the tax on built-up properties or the tax on non-built-up properties for which unification has been decided may not exceed the average rate of this tax in all the member communes recorded in the previous year, weighted by the relative size of the bases of these communes.

In the first year of the unification provided for by this article, the rate of council tax on second homes and other furnished premises not allocated to the principal dwelling, if its unification has been decided, may not exceed the harmonised average rate of the member communes recorded in the previous year.

By way of derogation from the third and fourth paragraphs, when the public establishment of inter-municipal cooperation levied an additional tax the year preceding that of the unification provided for by these provisions, the average rate mentioned in the same third and fourth paragraphs is increased by the rate of the tax levied the previous year by this public establishment of inter-municipal cooperation.

The rate of the tax applicable in each member municipality is brought closer to the rate of the public establishment for inter-municipal cooperation until a single rate is applied, the difference being reduced each year in equal shares, in proportions depending on the ratio observed in the year preceding the first year of the unification provided for by this article between the rate of the least taxed municipality and that of the most taxed municipality.

Where this ratio is greater than 90%, the rate of the public establishment for inter-municipal cooperation applies from the first year. Where this ratio is greater than 80% and less than or equal to 90%, the difference is halved in the first year and eliminated in the second. The reduction is made by a third when the ratio is greater than 70% and less than or equal to 80%, by a quarter when it is greater than 60% and less than or equal to 70%, by a fifth when it is greater than 50% and less than or equal to 60%, by a sixth when it is greater than 40% and less than or equal to 50%, by the seventh when it is greater than 30% and less than or equal to 40%, by the eighth when it is greater than 20% and less than or equal to 30%, by the ninth when it is greater than 10% and less than or equal to 20% and by the tenth when it is less than or equal to 10%.

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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