Title VI: OVERSEAS PROVISIONS

Articles in this section · 6

Article L766-2

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 7 Nov 2023

For the application of this book in New Caledonia:
1° The words: ", the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation," are deleted;
2° In Article L. 711-2, the words: "or of one of the States listed in the first paragraph and of which he alone has effective custody and of which he alone has effective custody" are deleted and the third paragraph is deleted;
3° In Article L. 732-7, the words: "and, where applicable, on the possibility of benefiting from assisted return" are deleted;
4° In Article L. 732-9, after the words: "work authorisation", the words: "in accordance with locally applicable regulations" are added;
5° In Article L. 733-15, the following paragraph is added:
"Foreign nationals who have not complied with the prohibitions imposed on them pursuant to the first paragraph shall be liable to one year's imprisonment. 6° In Article L. 740-2, the reference to Article L. 743-10 is deleted; 7° In Articles L. 741-1 and L. 741-2, after the words: "forty-eight hours", the words: "or three days outside the limits of Grande-Terre" are added; 8° In Article L. 741-10, the words: "or three days outside the limits of Grande-Terre" are added. 741-10, the following sentence is added at the end of the first paragraph: "This period is extended to three days outside the limits of Grande-Terre. "9° In Article L. 742-1, after the words "forty-eight hours", the following words are added: "or three days outside the limits of Grande-Terre. "10° In Article L. 742-3, after the words "twenty-eight days" and "forty-eight hours", the words "or twenty-seven days outside the limits of Grande Terre" and the words "or three days outside the limits of Grande Terre" are added respectively; 11° In Article L. 743-4, the following sentence is added: "This period is increased to three days outside the limits of Grande Terre. "12° In Article L. 743-7, the words "judicial court" are replaced by the words "court of first instance"; 13° In Articles L. 744-12 and L. 744-15, the words "holders of the professional identity card referred to in Article L. 7111-6 of the Labour Code" are replaced by the words: "either holders of the professional identity card defined by the Labour Code, or recognised as journalists pursuant to provisions having the same purpose in these local authorities";
14° In Article L. 744-17, the words: "the public prosecutors responsible for the place of departure and the place of arrival" are replaced by the words: "the public prosecutor";
15° In Article L. 750-1, the references to Article L. 754-2 are deleted.

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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