Paragraph 1: General rules

Articles in this section · 1

Article L5842-2

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

I.-The provisions of Section 1 of Chapter I of Title I of Book II of Part Five mentioned in the left-hand column of the table below shall apply in French Polynesia in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for in II to IV.


APPLICABLE PROVISIONS

AS PROVIDED FOR IN

L. 5211-1

law no. 2022-217 of 21 February 2022

L. 5211-2

law no. 2011-525 of 17 May 2011

L. 5211-3

Order no. 2021-1310 of 7 October 2021

L. 5211-4

law no. 99-586 of 12 July 1999

L. 5211-4-1

law no. 2015-991 of 7 August 2015
L. 5211-4-2law no. 2022-217 of 21 February 2022

L. 5211-4-3

law no. 2010-1563 of 16 December 2010

II.-For the application of article L. 5211-3:


For the application of article L. 5211-3:


I. 1° At the end of the first paragraph, after the words: "new territorial organisation of the Republic", the following words are inserted: "under the conditions set out in Article L. 2573-12, with effect from 1st January 2012";


2° In the second paragraph, after the words: "new territorial organisation of the Republic", the following words are inserted: "under the conditions set out in Article L. 2573-12, with effect from 1st January 2012". 2° In the second paragraph, the words "établissements publics de coopération intercommunale à fiscalité propre" are replaced by the words "communautés de communes et communautés d'agglomération";

III. - For the application of Article L. 5211-4-1 :

1° In the second to fourth paragraphs of I, in the last paragraph of IV and in IV bis, the words: "fonctionnaires territoriaux et agents territoriaux non titulaires" and the words: "fonctionnaires territoriaux" are replaced by the words: "fonctionnaires et agents non titulaires des communes de la Polynésie française et de leurs établissements publics";

2° In the fifth paragraph of I, the words: "of the third paragraph of Article 111 of Law No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service" are replaced by the words: "of the last paragraph of Article 76 of Order No. 2005-10 of 4 January 2005 on the general status of civil servants of the communes and groups of communes of French Polynesia and their public administrative establishments".

IV. - For the application of Article L. 5211-4-2:

1° In the first paragraph, after the word: "State," the end of the paragraph is worded as follows: "with the exception of the tasks entrusted to the French Polynesia management and training centre by articles 31, 32 and 33 of order no. 2005-10 of 4 January 2005 on the general status of civil servants in the communes and commune groupings of French Polynesia and their public administrative establishments. ";

2° The last two sentences of the second paragraph are deleted;

3° In the fourth paragraph, the words: "non titulaires" are replaced by the word: "contractuels";

4° In the fifth paragraph, the words: "non titulaires territoriaux" are replaced by the words: "contractuels communaux".

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More