Subsection 12: Provisions relating to relations with the authorities of non-EU Member States in the context of a resolution procedure

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L613-62L613-62-1L613-62-2

Article L613-62-1

French Monetary and Financial CodeIn force
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Updated 7 Nov 2023

I. - A branch of a credit institution referred to in I of Article L. 511-10 or a branch of a third-country undertaking referred to in Article L. 532-48 may be subject to one or more of the measures referred to in paragraph 2 of sub-section 10 of this section where:

1° It is not subject to a resolution procedure of a State that is not a member of the European Union or the resolution college has opposed the recognition or execution of the resolution procedure pursuant to VII of Article L. 613-62 ;

2° The collège de résolution considers that such a measure is justified with regard to the resolution objectives mentioned in 4° of II of Article L. 612-1 and when one or more of the following conditions are met:

a) The branch no longer complies or is likely to no longer comply with the conditions of its authorisation or is no longer or will no longer be able to continue its business, and there is no reasonable prospect that any other measure of a private or prudential nature or decided by the authorities of the non-EU Member State concerned will enable it to comply with these conditions or prevent its failure within a reasonable period of time ;

b) The resolution college considers that the obligations to creditors within the European Union of the credit institution or investment firm to which the branch belongs, including the obligations arising from the activity of this branch, will not be honoured and that this credit institution or investment firm will not be subject within a reasonable period of time in the country where it is established to any of the measures mentioned in Article L. 613-31-2 ;

c) The resolution authority of the non-EU Member State concerned has subjected the credit institution or investment firm established in its territory to which the branch belongs to a resolution procedure or has notified the resolution college of its intention to do so.

II. - The measures taken by the resolution college pursuant to I are subject to the provisions of Articles L. 613-45-1 and L. 613-50-4 and, where applicable, Articles L. 613-47 and L. 613-50.

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

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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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