Subsection 3: Professional ethics

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Article L722-21

French Commercial codeIn force

Updated 7 Nov 2023

I. - Within two months of taking up their duties, the judges of the commercial courts shall submit a complete, accurate and sincere declaration of their interests:

1° To the president of the court, for the judges of the commercial courts;

2° To the first president of the court of appeal, for the presidents of the commercial courts within the jurisdiction of that court.

The declaration of interests shall mention the links and interests held that are likely to influence or appear to influence the independent, impartial and objective performance of the duties that the declarant has or has had during the five years prior to taking up his duties.

Submission of the declaration of interests gives rise to an ethics interview between the judge and the authority to which the declaration was submitted, with the aim of preventing any possible conflict of interest. The interview may be repeated at any time at the request of the judge or the authority. Following the interview, the declaration may be amended by the declarant.

Any substantial change in the links and interests held is subject, within two months, to a supplementary declaration in the same form and may give rise to an ethics interview.

The declaration of interests may not be disclosed to third parties.

When disciplinary proceedings are initiated, the national disciplinary committee and the Minister of Justice may obtain disclosure of the declaration of interests.

A decree in the Council of State shall specify the conditions for the application of this article, in particular the model, content and conditions for submitting, updating and keeping the declaration of interests.

II. - The fact that a person required to submit a declaration of interests pursuant to the first paragraph of I fails to submit his declaration or omits to declare a substantial part of his interests is punishable by three years' imprisonment and a fine of €45,000.

As a supplementary penalty, disqualification from civil rights may be ordered, in accordance with the procedures laid down in articles 131-26 and 131-26-1 of the Penal Code, as well as disqualification from holding public office, in accordance with the terms set out in Article 131-27 of the same code.

The act of publishing or disclosing, in any manner whatsoever, all or part of the declarations or information mentioned in this article is punishable by the penalties mentioned in article 226-1 of the Penal Code.

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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