Chapter II: PROVISIONS SPECIFIC TO NEW CALEDONIA

Articles in this section · 3

Article L732-2

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-The provisions of the articles mentioned in the left-hand column of the table below, in the wording indicated in the right-hand column of the same table, are applicable in New Caledonia, subject to the adaptation provisions provided for in II, III and IV:

Applicable articlesIn the wording resulting from
L. 131-1 law no. 2006-387 of 31 March 2006
L. 131-1-1 Act no. 2010-737 of 1 July 2010
L. 131-2 and L. 131-3Act no. 2005-516 of 20 May 2005
L. 131-4 Order no. 2017-1107 of 22 June 2017
L. 131-5 to L. 131-34Act no. 2005-516 of 20 May 2005
L. 131-35law no. 2005-845 of 26 July 2005
L. 131-36 to L. 131-44law no. 2005-516 of 20 May 2005
L. 131-45 law no. 2013-100 of 28 January 2013
L. 131-46 to L. 131-63Act no. 2005-516 of 20 May 2005
L. 131-64 Order no. 2019-964 of 18 September 2019
L. 131-65 to L. 131-70Law no. 2005-516 of 20 May 2005
L. 131-71 with the exception of the 2nd sentence of the 3rd paragraphOrder no. 2013-544 of 27 June 2013
L. 131-72 Act no. 2010-737 of 1st July 2010
L. 131-73 Order no. 2016-1808 of 22 December 2016
L. 131-74 law no. 2005-516 of 20 May 2005
L. 131-78 and L. 131-79 Act no. 2010-737 of 1 July 2010
L. 131-80 to L. 131-84Act no. 2005-516 of 20 May 2005
L. 131-85 Order no. 2022-230 of 15 February 2022
L. 131-86 Law no. 2005-516 of 20 May 2005
L. 131-86-1 Order no. 2010-1312 of 9 December 2010
L. 131-87Law no. 2005-516 of 20 May 2005

II.For the application of I:
1° (Repealed);
2° If one of the payment service providers is located in New Caledonia and the other in mainland France, the overseas departments, the Department of Mayotte, Saint-Barthélemy, Saint-Martin or Saint-Pierre-et-Miquelon, for the application of I of Article L. 133-13, the words "at the end of the first working day" are replaced by the words "at the end of the fourth working day";

3° Article L. 131-32 is amended as follows

a) The second and third paragraphs read as follows:

"Cheques issued and payable in New Caledonia must be presented within eight days.

"Cheques issued outside New Caledonia and payable in New Caledonia must be presented within seventy days;

b) In the last paragraph, the words "in the second paragraph" are replaced by the words "in the second and third paragraphs";
4° In New Caledonia, the information provided for in the first paragraph of Article L. 131-85 is provided by the Institut d'émission d'outre-mer, which receives from the Banque de France the information it holds on the persons mentioned in Article L. 131-72 and the second paragraph of Article L. 163-6;
5° In Article L. 131-86-1, the references to "an individual limited liability entrepreneur" are replaced by references to the equivalent provisions applicable locally.
III.-Articles L. 131-1 to L. 131-15, L. 131-31 to L. 131-37, the first paragraph of Article L. 131-38, Articles L. 131-39 to L. 131-46, L. 131-56 and L. 131-57, L. 131-59 and L. 131-60, L. 131-69, L. 131-70, L. 131-71 with the exception of the second sentence of its third paragraph and L. 131-72 to L. 131-87 are applicable to postal cheques drawn on the Office des Postes et Télécommunications.
IV.-The conditions for application of this article are set by decree in the Conseil d'Etat.

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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