Subsection 2: In the event of a deadline for voluntary departure

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Article L614-5

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 8 Nov 2023

When the decision imposing an obligation to leave French territory taken pursuant to 1°, 2° or 4° of article L. 611-1 is accompanied by a deadline for voluntary departure, the matter may be referred to the president of the administrative court within fifteen days of notification of the decision.
The prohibition on return provided for in article L. 612-7, notified after the decision imposing an obligation to leave French territory, may be contested under the same conditions.The foreign national may ask the president of the administrative tribunal or the magistrate appointed for this purpose for the assistance of an interpreter and for the file containing the documents on the basis of which the contested decision was taken to be sent to him.
The hearing shall be public. It takes place without the public rapporteur's conclusions, in the presence of the person concerned, unless the latter, duly summoned, does not appear. The foreign national is assisted by his or her counsel if he or she has one. The foreign national may ask the president of the administrative court or the magistrate appointed for this purpose to appoint one for him/her ex officio.
When the foreign national challenges a decision imposing an obligation to leave the territory based on 4° of article L. 611-1 and a decision relating to residency taken at the same time, the president of the administrative court or the magistrate appointed for this purpose shall rule on the two challenges in a single decision.

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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