Chapter II: Provisions applicable to non-trading private legal entities engaged in economic activity

Articles in this section · 5

Article L612-4

French Commercial codeIn force

Updated 7 Nov 2023

Any association having received annually from the administrative authorities, within the meaning of l'article 1er de la loi du 12 avril 2000, ou des établissements publics à caractère industriel et commercial une ou plusieurs subventions en numéraire dont le montant global dépasse un seuil fixé par décret, doit établir des comptes annuels comprenant un bilan, un compte de résultat et une annexe dont les modalités d'établissement sont fixés par décret. These associations must ensure, under conditions determined by decree in the Conseil d'Etat, that their annual accounts and the auditor's report are made public.

These same associations are required to appoint at least one auditor and, when the conditions defined in the second paragraph of I of Article L. 823-1 are met, an alternate.

The penalties provided for in Article L. 242-8 are applicable to the directors of the associations mentioned in the first paragraph of this article who have not, each year, drawn up a balance sheet, income statement and notes to the accounts or ensured the publication of their annual accounts and the auditor's report.

At the request of any interested party or of the State representative in the département where the association has its registered office, the president of the court, ruling in summary proceedings, may order the directors of any association mentioned in the first paragraph to ensure the publication of the annual accounts and the auditor's report, subject to a fine. The president may, under the same conditions and for the same purpose, appoint an agent to carry out these formalities.

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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