Section 3: Customer due diligence obligations

Articles in this section · 18

Article L561-5

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - Before entering into a business relationship with their customer or assisting them in preparing or carrying out a transaction, the persons mentioned in Article L. 561-2 :

1° Identify their customer and, where applicable, the beneficial owner within the meaning of Article L. 561-2-2;

2° Verify these identification details on presentation of any documentary evidence.

II. - They shall identify and verify the identity of their occasional customers and, where applicable, their beneficial owners, under the same conditions as those set out in I., when they suspect that a transaction could be involved in money laundering or terrorist financing or when the transactions are of a certain nature or exceed a certain amount.

III. - When the customer subscribes or joins a life insurance or capitalisation contract, the persons concerned shall also identify and verify the identity of the beneficiaries of these contracts and, where applicable, the beneficial owners of these beneficiaries.

IV. - By way of derogation from I, when the risk of money laundering or terrorist financing appears low and this is necessary in order not to interrupt the normal conduct of business, the obligations mentioned in 2° of the said I may be fulfilled during the establishment of the business relationship.

V. - The conditions for application of this article shall be specified by decree in the Conseil d'Etat.

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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