Paragraph 1a: Deliberative body of associations of communes

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Article L5211-8

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

Without prejudice to the provisions of article L. 2121-33, the term of office of delegates is linked to that of the municipal council of the commune from which they come. This mandate expires at the time of installation of the deliberative body of the public establishment of inter-communal cooperation following the general renewal of the municipal councils.

After the general renewal of the municipal councils, the deliberative body of the public establishment of inter-municipal cooperation meets no later than the Friday of the fourth week following the election of the mayors.

In the event of the suspension or dissolution of a municipal council or the renewal of the municipal council pursuant to article L. 270 of the Electoral Code or the resignation of all the members in office, the term of office of the municipal council delegates is extended until delegates are appointed in accordance with Article L. 5211-6.

In the event of a vacancy among the delegates of a municipal council for any reason whatsoever, that council shall provide a replacement within a period of one month in accordance with the procedures set out in article L. 2122-7 for syndicates of communes and those provided for by law for other public establishments for inter-communal cooperation.

If a commune fails to designate its delegates, that commune is represented on the deliberative body of the public inter-communal cooperation establishment by the mayor if it has only one delegate, by the mayor and the first deputy if it does not.The deliberative body is then deemed to be complete.

In the event that the election of a municipal council is annulled, and provided that the resulting vacancy in the deliberative body of the public establishment of inter-communal cooperation to which the municipality belongs is greater than at least 20% of the total number of members of this deliberative body, the latter may only deliberate on the management of current affairs or those of an urgent nature. It may not vote on the budget or approve the accounts of the public body.

Mariela Petrova

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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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