Section 10: Miscellaneous provisions.

Articles in this section · 7

Article L5211-61

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

A public establishment for intercommunal cooperation with its own tax status may transfer any competence to a syndicate of communes or a mixed syndicate whose perimeter includes the entire community perimeter after the syndicate has been created or the public establishment has joined.

By way of derogation from the previous paragraph, in matters of water and watercourse management, drinking water supply, collective or non-collective sanitation, urban rainwater management, external fire defence, collection or treatment of household and similar waste, or the distribution of electricity or natural gas, a public establishment for inter-municipal cooperation with its own tax status or a territorial public establishment may transfer any competence to a syndicate of communes or a mixed syndicate covering all or part of its territory or to several syndicates each located on distinct parts of its territory.

With regard to the management of aquatic environments and flood prevention, a public establishment for inter-municipal cooperation with its own tax status or a territorial public establishment may transfer to a syndicate of communes or a mixed syndicate all of the tasks relating to this competence, defined in Ia of Article L. 211-7 of the Environment Code, or some of them, in whole or in part. By way of derogation from the first paragraph of this article, this total or partial transfer may be made to a syndicate of municipalities or a mixed syndicate covering all or part of the territory of the public establishment of inter-municipal cooperation with its own tax status or of the territorial public establishment or to several syndicates each located on distinct parts of the territory of the establishment.

A public establishment for intercommunal cooperation with its own tax status or a territorial public establishment may delegate to a mixed syndicate mentioned in article L. 213-12 of the Environment Code all or some of the tasks mentioned in the third paragraph of this article, in whole or in part. This total or partial delegation may be carried out for the benefit of a mixed syndicate covering all or part of the territory of the public establishment, or for the benefit of several syndicates, each covering distinct parts of this territory. Such a delegation obeys the procedures laid down in the last two paragraphs of Article L. 1111-8.

Where by application of the preceding paragraphs or the articles L. 5214-21, L. 5215-22 ou L. 5216-7, a public establishment for intercommunal cooperation with its own tax status is a member of a mixed syndicate for only part of its territory, the population taken into account as part of the majority provided for in articles L. 5211-17 to L. 5211-20 and L. 5212-27 in respect of that establishment is the population corresponding to the part of its territory included in the joint association.

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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