Subsection 1: Composition

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Article L612-9

French Monetary and Financial CodeIn force
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Updated 7 Nov 2023

The Enforcement Committee has six members:

1° Two members of the Conseil d'Etat, appointed by the Vice-President of the Conseil d'Etat, and one member of the Cour de cassation, appointed by the First President of the Cour de cassation ;

2° Three members chosen for their expertise in areas relevant to the performance of the Authority's duties, appointed by order of the Minister for the Economy.

Alternate members are appointed in the same way.

All full and alternate members appointed under 1° shall include an equal number of men and women. Where the appointments made by the two authorities concerned do not enable this rule to be complied with, each of them must appoint an equal number of women and men.

All the full and alternate members appointed under 2° include an equal number of women and men.

The Vice-Chairman of the Council of State appoints which of the two members of the Council of State mentioned in 1° is to chair the Enforcement Committee.

The duties of a member of the Enforcement Committee are incompatible with those of a member of the Supervisory Board.

The members of the Enforcement Committee are appointed for a term of five years. They may be reappointed once, subject to the fifth and sixth paragraphs. They may not be over seventy years of age on the day of their appointment or reappointment.

If a seat on the Enforcement Committee falls vacant for any reason whatsoever, as confirmed by the Chairman, a person of the same gender shall be appointed to replace the member for the remainder of the term of office. A term of office of less than two years is not taken into account for the purposes of the renewal rule.

A member of the Enforcement Committee may only be removed from office in accordance with the procedure for appointment, after receiving the assent of a majority of the other members of the Enforcement Committee that he or she is no longer able to serve due to incapacity or a serious breach of duty that prevents him or her from continuing in office.

The compensation paid to committee members is set by decree.

Mariela Petrova

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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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