Section 2: Eligibility.

Articles in this section · 2

Article L723-4

French Commercial codeIn force

Updated 7 Nov 2023

I.- The following persons are eligible for election to the office of judge of a commercial court:

1° Who are registered on the electoral rolls of the chambers of commerce and industry or the chambers of trades and crafts drawn up within the jurisdiction of the commercial court or within the jurisdiction of neighbouring commercial courts;

2° Who meet the nationality condition provided for in Article L. 2 of the Electoral Code;

2° bis Who have not been convicted of a criminal offence for acts contrary to honour, probity or public decency;

3° In respect of whom safeguard, receivership or compulsory liquidation proceedings are not in progress on polling day;

4° Who, in the case of the persons mentioned in 1° or 2° of II of Article L. 713-1 of this code, do not belong to a company or public establishment in respect of which safeguard, receivership or compulsory liquidation proceedings are in progress on polling day;

4° bis Who have not been subject to the penalties provided for in Title V of Book VI or by equivalent foreign legislation where they lead to or result in a ban on exercising a commercial or industrial profession, directing, administering, managing or controlling in any capacity whatsoever, directly or indirectly, for their own account or for the account of others, a commercial or industrial business or a commercial company;

4° ter Who are not subject to a prohibition, in accordance with the terms of Article 131-27 of the Criminal Code, from exercising a commercial or industrial profession, from directing, administering, managing or controlling in any capacity whatsoever, directly or indirectly, on their own behalf or on behalf of others, a commercial or industrial undertaking or a commercial company, or to a penalty imposed under equivalent foreign legislation;

5° And who can prove either that they have been registered for at least five years in the Trade and Companies Register or the National Register of Companies as a business in the trades and crafts sector, or that they have exercised, for a cumulative total of five years, one of the capacities listed in the I of article L. 713-3 of this code or of one of the professions listed in d of 1° of II of article L. 713-1.

II. - The following are also eligible, if they are at least thirty years old and meet the conditions set out in 2° to 5° of I of this article:

1° Serving members of the commercial courts and former members of these courts who have served as a commercial court judge for at least six years and have not been deemed to have resigned. When these persons stand as candidates in a court that does not border on the court in which they were elected, they must be domiciled or have a residence within the jurisdiction of the court in which they are standing as candidates or within the jurisdiction of the bordering courts;

2° Executives who carry out duties involving commercial, technical or administrative management responsibilities within companies or establishments listed in the national register of companies as a company or establishment in the trades and crafts sector or mentioned in II of article L. 713-1 located within the jurisdiction of the commercial court or within the jurisdiction of neighbouring courts. Candidates must be employed in one of these jurisdictions.

Mariela Petrova

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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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