Sub-paragraph 3: Provisions relating to the transfer of activities

Articles in this section · 7

Article L613-52-6

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - Participation, membership or access rights to the systems referred to in Article L. 330-1, to the trading platforms referred to in Title II of Book IV and to the clearing houses referred to in Title IV of Book IV are transferred to the acquirer provided that it meets the criteria for participation, membership or access to these market infrastructures. However, the absence of a rating or an insufficient rating by a credit rating agency may not be invoked against the acquirer.

If it does not meet the criteria mentioned in the previous paragraph, the acquirer shall benefit from the transfer of participation, membership or access rights to the market infrastructures for a period set by the resolution college, which may not exceed twenty-four months. At the purchaser's request, the resolution college may decide to extend this period.

II. - The purchaser is substituted for the person subject to a resolution procedure in the rights and obligations resulting from the latter's membership of the deposit guarantee and resolution fund.

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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