Subsection 1: Composition

Articles in this section · 9

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Article L612-10

French Monetary and Financial CodeIn force
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Updated 7 Nov 2023

All members of the supervisory board, the resolution board or the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution must inform the Chairman of the Autorité de contrôle prudentiel et de résolution :

1° any interests that they have held in the two years preceding their appointment, that they hold or that they come to hold ;

2° any functions in a social, economic or financial activity that they have exercised in the two years preceding their appointment, that they exercise or may exercise in the future; and

3° any office held in a legal entity during the two years preceding his appointment, that he holds or may hold in the future.

This information, together with that concerning the Chairman, is made available to the members of the Supervisory Board, the Resolution Board and the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution.

The members of the Supervisory Board, the Resolution Board and the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution shall comply with the obligations to file the declarations provided for in I ofArticle 11 of Law 2013-907 of 11 October 2013 on transparency in public life.

No member of the Supervisory Board, the Resolution Board or the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution may deliberate or participate in the work of these bodies in a matter in which he or she or, as the case may be, a legal entity within which he or she holds a position or mandate, or of which he or she is a lawyer or adviser, has an interest ; nor may he take part in a deliberation concerning a matter in which he himself or, where applicable, a legal entity in which he holds office or holds a mandate, or of which he is the lawyer or adviser, has represented one of the interested parties during the two years preceding the deliberation.

No member of the Supervisory Board, the Resolution Board or the Enforcement Committee of the Autorité de contrôle prudentiel et de résolution may be an employee or hold an office in a person subject to the supervision of the Autorité.

The Chairman of the Autorité de contrôle prudentiel et de résolution shall take appropriate measures to ensure compliance with the obligations and prohibitions arising from this Article.

The Autorité de contrôle prudentiel et de résolution shall set out in its internal rules the procedures for preventing conflicts of interest.

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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