Section 1: Financial instruments

Articles in this section · 1

Article L743-1

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-The provisions of the articles mentioned in the left-hand column of the following table shall apply in French Polynesia, subject to the provisions of II, in the wording indicated in the right-hand column of the same table:

Applicable articlesIn the wording resulting from
L. 211-1 Ordinance no. 2016-520 of 28 April 2016
L. 211-2 Order no. 2017-1432 of 4 October 2017
L. 211-3 Law no. 2023-171 of 9 March 2023 containing various provisions for adapting to European Union law in the fields of the economy, health, labour, transport and agriculture
L. 211-4Order no. 2017-1674 of 8 December 2017
L. 211-5 Act no. 2019-486 of 22 May 2019
L. 211-6 Order no. 2009-15 of 8 January 2009
L. 211-7 Law no. 2023-171 of 9 March 2023 containing various provisions for adapting to European Union law in the fields of the economy, health, labour, transport and agriculture
L. 211-8 Order no. 2009-15 of 8 January 2009
L. 211-9 Order no. 2016-827 of 23 June 2016
L. 211-10 law no. 2013-672 of 26 July 2013
L. 211-11 Order no. 2009-15 of 8 January 2009
L. 211-12 order no. 2011-1895 of 19 December 2011
L. 211-13 Order no. 2009-15 of 8 January 2009
L. 211-14 Order no. 2013-676 of 25 July 2013
L. 211-15 to L. 211-17Order no. 2017-1674 of 8 December 2017
L. 211-17-1 Order no. 2015-1686 of 17 December 2015
L. 211-18 Order no. 2009-15 of 8 January 2009
L. 211-19 Ordinance no. 2015-1686 of 17 December 2015
L. 211-20 Order no. 2021-1192 of 15 September 2021
L. 211-21 and L. 211-22 Order no. 2009-15 of 8 January 2009
L. 211-24 and L. 211-26 decree no. 2020-1732 of 29 December 2020
L. 211-27 Order no. 2017-1432 of 4 October 2017
L. 211-28 to L. 211-33Order no. 2009-15 of 8 January 2009
L. 211-34 Order no. 2013-544 of 27 June 2013
L. 211-35 Order no. 2009-15 of 8 January 2009
L. 211-36 law no. 2019-486 of 22 May 2019
L. 211-36-1 law no. 2016-1691 of 9 December 2016
L. 211-37 order no. 2009-15 of 8 January 2009
L. 211-38 law no. 2019-486 of 22 May 2019
L. 211-38-1 law no. 2016-1691 of 9 December 2016
L. 211-39 order no. 2009-15 of 8 January 2009
L. 211-40 law no. 2019-486 of 22 May 2019
L. 211-40-1 law no. 2018-287 of 20 April 2018
L. 211-41Order no. 2009-15 of 8 January 2009

II.For the application of I:
1° References to Regulations (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012, No 909/2014 of the European Parliament and of the Council of 23 July 2014 and No 2022/858 of the European Parliament and of the Council of 30 May 2022 are replaced by references to Articles L. 712-7 and L. 712-9;
2° References to Regulation (EU) No 236/2012 of 14 March 2012 do not apply;
3° In Article L. 211-2, securities within the meaning of the second paragraph of Article L. 228-1 of the French Commercial Code are financial securities, within the meaning of Article L. 211-1, which confer identical rights by category;

3° bis (Repealed);
4° In articles L. 211-22 and L. 211-28, references to the payment of an interest or dividend subject to specific tax provisions are replaced by references to the payment of an interest or dividend subject to specific tax provisions, in force locally and having the same effect;
5° In article L. 211-35, the words:article 1965 of the Civil Code are replaced by the words: a gambling debt or the payment of a bet.

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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