Chapter III: Agents

Articles in this section · 6

Article L523-2

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

Persons engaging in the activity of agent, managing or administering an agent or to whom responsibility for the activity of agent is delegated are subject to the disqualifications mentioned in article L. 500-1.

No person may engage in the activity or perform the duties referred to in the preceding paragraph if they have been subject for less than five years to :

a) a temporary or permanent ban on exercising an activity or service pursuant to article L. 621-15;

b) a permanent or temporary ban on carrying out certain operations or a restriction on the exercise of the activity, pursuant to 3° of article L. 612-39 ;

c) Deregistration pursuant to 7° of Article L. 612-39, in the case of a payment institution carrying out a hybrid activity within the meaning of Article L. 522-3 ;

d) Withdrawal of authorisation to operate as a manual money changer, pursuant to 3° of II of Article L. 612-41;

e) a sanction under 4° or 5° of Article L. 612-39;

f) a ban on practising the profession of bureau de change, pursuant to the first sentence of the sixth paragraph of II of Article L. 612-41;

g) a sanction pursuant to 3° to 5° of I of Article L. 612-41;

h) an equivalent sanction imposed by the authorities responsible for supervising payment institutions in another State party to the Agreement on the European Economic Area.

Natural persons engaging in the activity or performing the functions mentioned in the first paragraph must be of sufficiently good repute and have the necessary skills, as defined by an order of the Minister for the Economy.

They must provide proof of this in accordance with the conditions defined by an order of the Minister responsible for the economy, which also determines the conditions under which the Autorité de contrôle prudentiel et de résolution is exempt from verifying this.

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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