Subsection 1: Market transparency

Articles in this section · 1

Article L762-10

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 New Caledonia, subject to the adaptations mentioned in II, in the wording indicated in the right-hand column of the same table:


Applicable articles

In the wording resulting from

L. 451-1-1


Ordinance no. 2015-1576 of 3 December 2015

L. 451-1-2


Law no. 2014-1662 of 30 December 2014

L. 451-1-3


law no. 2005-842 of 26 July 2005

L. 451-1-4


law no. 2014-1662 of 30 December 2014

L. 451-1-6


Act no . 2020-1508 of 3 December 2020

L. 451-2-1


Order no. 2015-1576 of 3 December 2015

L. 451-3


Order no. 2019-1067 of 21 October 2019

L. 451-4


Law no. 2021-1308 of 8 October 2021

II.For the application of the articles mentioned in the table above:
1° In article L. 451-2-1:
a) In the first paragraph:
-A sentence is added before the first sentence, worded as follows:
"Any natural person or legal entity, acting alone or in concert, owning shares in a company whose registered office is located within the territory of the French Republic and whose shares are admitted to trading on a French regulated market or on a market for financial instruments admitting shares to trading that may be held in an account with an intermediary referred to inarticle L. 211-3 of the Monetary and Financial Code, who comes to own directly or indirectly a number of shares representing more than one twentieth, one tenth, three twentieths, one fifth, one quarter, three tenths, one third, one half, two thirds, eighteen-twentieths or nineteen-twentieths of that company's capital or voting rights, informs the company, within a period set by decree by the Conseil d'Etat from the date on which the shareholding threshold is crossed, of the total number of shares or voting rights held. "
In the first sentence, the words: "in I of Article L. 233-7 of the Commercial Code" are replaced by the words: "in the previous sentence";
b) In the second paragraph, the words: "mentioned in I of Article L. 233-7 of the Commercial Code" are replaced by the words: "mentioned in the second sentence of the first paragraph";
c) The third paragraph is replaced by a paragraph worded as follows:
"Companies whose registered office is located outside the territory of the European Economic Area and whose shares are admitted to trading on a French regulated market or whose shares are admitted to trading on a multilateral trading facility that complies with legislative or regulatory provisions designed to protect investors against insider dealing, price manipulation and the dissemination of false information, in accordance with the conditions laid down by the General Regulation of the Autorité des marchés financiers, publish each month the total number of voting rights and the number of shares making up the company's capital, if these have changed from those previously published, in accordance with the conditions and procedures laid down by the General Regulation of the Autorité des marchés financiers. If the Autorité considers that the aforementioned obligations to which the company is subject under the legislation of the third country in which the company has its registered office are equivalent, it may exempt the company from said obligations.";
d) In the last paragraph, the words: "the obligations defined in I of Article L. 233-7 and II of Article L. 233-8 of the French Commercial Code" are replaced by the words: "the obligations mentioned in the first and third paragraphs";
2° For its application in New Caledonia, Article L. 451-4 reads as follows:

"Art. L. 451-4 -Parrogation au 6 de l'article 18 du règlement mentionné au 1° du I de l'article L. 712-7 du présent code, les émetteurs dont les instruments financiers sont admis à la négociation sur un marché de croissance des petites et moyennes entreprises incluent dans leurs listes d'insins toutes les personnes qui ont accès aux informations privilégiées et qui travaillent pour eux en vertu d'un contrat de travail ou exécutent d'une autre manière des tâches donnant leur accès à des informations privilégiées.
"These lists are drawn up in accordance with the European Commission's implementing technical standards, which are made applicable by order of the Minister for the Economy.

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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