Subsection 1: The National Enrolment and Disciplinary Commission.

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Article L814-1

French Commercial codeIn force

Updated 7 Nov 2023

I.-A Commission nationale d'inscription et de discipline des administrateurs judiciaires et des mandataires judiciaires comprising:

1° A councillor at the Cour de cassation, chairman of the commission, appointed by the first chairman of the Cour de cassation;

2° A member of the Conseil d'Etat appointed by the vice-chairman of the Conseil d'Etat;

3° A member of the Cour des comptes appointed by the first chairman of the Cour des comptes;

4° A member of the Inspection générale des finances appointed by the minister responsible for the economy;

5° Two judges from the judiciary, appointed by the first president of the Court of Cassation;

6° One member of a commercial court of first instance appointed by the first president of the Court of Cassation;

7° Two persons qualified in legal, economic or social matters and two professors or lecturers in law, economics or management, appointed by the Minister of Justice.

An alternate is appointed for each member of the commission, with the exception of the chairman, who has two alternates, and the two members mentioned in 5°, for whom only one alternate is appointed. Alternates are appointed under the same conditions as the full members.

When the matter is referred to it pursuant to Article L. 811-6 or article L. 812-4 or when it sits as a disciplinary chamber, the commission also includes three judicial administrators or three judicial representatives entered on the list, practising the same profession as the person concerned and elected by their peers under conditions determined by decree in the Conseil d'Etat.

When it sits as a disciplinary chamber against a person designated under the conditions provided for in III of Article L. 812-2, it also includes three bailiffs or three auctioneers depending on the status of the person concerned, appointed by their peers under conditions determined by decree in the Conseil d'Etat.

The members of the commission and their alternates are appointed for a renewable three-year term.

In the event of a vacancy for any reason whatsoever, a new member shall be appointed under the conditions laid down in this article for the remainder of the term of office.

II.-Two members of the Public Prosecutor's Office and one deputy are appointed to act as Government commissioners to the Commission and, in particular, to examine applications for registration.

III.-Decisions are taken by majority vote. In the event of a tie, the Chairman shall have the casting vote.

The operating costs of the commission are borne by the State.

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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