Chapter II: Placement and support for jobseekers.

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Article L5312-13-2

French Labour CodeIn force

Updated 6 Nov 2023

The authorised and sworn fraud prevention officers referred to in Article L. 5312-13-1 have a right of communication which enables them to obtain, without being prevented by professional secrecy, the documents and information required to check the sincerity and accuracy of the declarations made and the authenticity of the documents produced with a view to the allocation and payment of benefits, assistance and any other benefits provided by Pôle emploi.

The right provided for in the first paragraph of this article may concern information relating to unidentified persons, under conditions laid down by decree of the Conseil d'Etat issued after consultation with the Commission Nationale de l'Informatique et des Libertés.

The right provided for in the same first paragraph is exercised regardless of the medium used to store the documents and may be accompanied by the immediate taking of extracts and copies.

Documents and information shall be provided free of charge within thirty days of receipt of the request.

Documents and information shall be provided digitally.

Silence or refusal to comply with a request under the said first paragraph is punishable by a fine of €1,500 per contributor or beneficiary concerned, up to a maximum total fine of €10,000.

Silence or refusal to comply with a request under the second paragraph is punishable by a fine of €5,000. This fine applies to each request if all or some of the documents or information requested are not provided.

These amounts are doubled in the event of a repeated refusal or silence on the part of the third party within five years of the expiry of the thirty-day period granted to the third party to comply with Pôle emploi's first request.

Without prejudice to other legislative provisions applicable to the exchange of information, the right of communication defined in this article is exercised under the conditions provided for and with the persons mentioned in Section I of Chapter II of Title II of the Book of Tax Procedures, with the exception of the persons mentioned in Articles L. 82 C, L. 83 A to L. 83 E, L. 84 to L. 84 E, L. 89 to L. 91, L. 95, L. 96, L. 96 B to L. 96 CA, L. 96 F to L. 96 H and L. 96 J of the same book.

When a procedure for recovery or total or partial withdrawal of an allowance, assistance or any other benefit is initiated against a natural or legal person, following use of the right referred to in the first paragraph of this Article, Pôle emploi is required to inform this person of the content and origin of the information and documents obtained from third parties on which this decision is based. It will provide a copy of the documents mentioned in this paragraph to the person who requests it.

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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