Section 3: Operating resources

Articles in this section · 3

Article L612-19

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - The Autorité de contrôle prudentiel et de résolution shall have at its disposal the resources provided by the Banque de France.

The Secretary General of the Autorité commits the expenditure of the Autorité within the limits of its budget. The Secretary General is delegated by the Banque de France to conclude contracts and issue invitations to tender under the conditions applicable to contracts awarded by the Banque de France.

II. - The staff of the Autorité de contrôle prudentiel et de résolution is made up of employees whose employer is the Banque de France.

The insurance supervisory body is placed at the disposal of the Banque de France under conditions laid down by decree in the Conseil d'Etat.

The conditions of employment of the staff are determined by the supervisory board on the proposal of the Secretary General, subject to more favourable provisions applicable to staff covered by the statutes of the Banque de France, and for civil servants, in compliance with the regulations, particularly of a statutory nature, applicable to them.

The Secretary General sets the individual remuneration of AMF staff within the general framework established by the Supervisory Board.

The staff of the Authority's departments are subject to the rules of professional conduct laid down by the Board of Supervision on a proposal from the Secretary General, taking into account the rules of professional conduct applicable to the staff of the Banque de France. Where necessary, by virtue of their involvement in the functions of the Banque de France, they may be subject to those of the Statute of the Banque de France.

The Authority's departments constitute a separate establishment within the Banque de France within the meaning ofArticle L. 2327-1 of the Labour Code, under the conditions set out in Article L. 142-9. The employees of the departments of the Autorité de contrôle prudentiel et de résolution, whatever their status, may vote and stand for election to the institutions representing the staff of the establishment under the conditions laid down in the Labour Code. These representative bodies exercise their powers in respect of all such staff, without prejudice to the powers of the joint administrative commission of the insurance supervisory body.

III. - The measures for adapting the provisions of the third to sixth paragraphs of II and the provisions of the company agreements applicable to Banque de France staff to the members of the insurance supervisory body are set 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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