Subsection 2: Cooperation and exchanges of information with the authorities of other Member States of the European Union or other States party to the Agreement on the European Economic Area

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Article L632-6

French Monetary and Financial CodeIn force
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Updated 7 Nov 2023

I.-Where the Autorité de contrôle prudentiel et de résolution or the Autorité des marchés financiers has reasonable grounds to suspect that acts infringing the provisions applicable to investment services providers, management companies managing UCITS authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009, AIF management companies within the meaning of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011, data communication service providers, trading platforms or market undertakings have been committed on the territory of another Member State of the European Union or of another State party to the Agreement on the European Economic Area by entities that are not subject to its supervision, it shall inform the competent authority of that other State and the European Securities and Markets Authority in as detailed a manner as possible.

II.When the Autorité de contrôle prudentiel et de résolution or the Autorité des marchés financiers is informed by an authority of another Member State of the European Union or of another State party to the Agreement on the European Economic Area that acts infringing the provisions applicable to investment service providers, management companies managing UCITS authorised in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009, management companies of AIFs within the meaning of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011, data communication service providers, trading platforms or market undertakings are likely to have been committed on the territory of metropolitan France, Guadeloupe, Guyana, Martinique, Reunion, Mayotte and Saint-Martin by an entity not subject to the supervision of this authority, it shall take the appropriate measures. It shall communicate the results of its action to the competent authority that informed it and, in the case of an AIF management company, to the European Securities and Markets Authority, and, as far as possible, shall inform it of any significant developments in the intervening period.

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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