Chapter II: Status of statutory auditors.

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Article L822-10

French Commercial codeIn force

Updated 7 Nov 2023

The duties of a statutory auditor are incompatible:

1° With any activity or any act likely to undermine its independence;

2° With any salaried employment; however, a statutory auditor may provide teaching relating to the practice of his profession or hold a paid job with a statutory auditor or a certified public accountant ;

3° With any commercial activity, whether exercised directly or through an intermediary, with the exception of, on the one hand, commercial activities ancillary to the profession of chartered accountant, exercised in compliance with the rules of ethics and independence of chartered accountants and under the conditions set out in the third paragraph of article 22 of order no. 45-2138 of 19 September 1945 establishing the Ordre des Experts Comptables and regulating the title and profession of chartered accountant and, on the other hand, ancillary commercial activities carried out by the multi-professional practice company under the conditions provided for in article 31-5 of law no. 90-1258 of 31 December 1990 relating to the practice in the form of companies of liberal professions subject to a legislative or regulatory statute or whose title is protected and to companies for the financial participation of liberal professions

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

English · French · Russian

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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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