Section 2: Powers

Articles in this section · 4

L5217-2L5217-3L5217-4L5217-5

Article L5217-5

French General Code of Local AuthoritiesIn force
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Updated 6 Nov 2023

The assets and rights mentioned in the first paragraph of this article are transferred to the assets of the metropolis no later than one year after the date of the first meeting of the council of the metropolis.

The property and rights belonging to the assets of the public establishment of inter-communal cooperation with its own tax status transformed in application of article L. 5217-4 are transferred to the metropolis in full ownership. Where the assets were made available by the communes to this public establishment, in application of articles L. 1321-1 and L. 1321-2, the transfer of ownership takes place between the commune or communes concerned and the metropolis.

Failing an amicable agreement, a decree in the Conseil d'Etat carries out the final transfer of ownership. This decree is issued following the opinion of a commission, the composition of which is set by decree of the minister responsible for local and regional authorities and which includes the mayors of the municipalities concerned by such a transfer, the president of the council of the metropolitan authority and the presidents of the deliberative bodies of public establishments of inter-municipal cooperation with their own tax status. The commission elects its chairman from among its members.

Transfers are carried out free of charge and do not give rise to the payment of any compensation or tax, or any duty, salary or fee.

The metropolis is automatically substituted, for the exercise of the competences transferred, for the member municipalities and the public establishment of intercommunal cooperation transformed in application of Article L. 5217-4, in all the rights and obligations attached to the assets made available in application of the first paragraph of this Article and transferred to the metropolis in application of this Article as well as, for the exercise of these competences on the metropolitan territory, in all their deliberations and all their acts.

Contracts are performed under the previous conditions until they expire, unless otherwise agreed by the parties. The co-contractors are informed of the substitution of legal entity by the Metropolitan Council. The substitution of a legal entity in current contracts does not entail any right to termination or compensation for the co-contractor.

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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