Section 2: Undeclared work.

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Article L8221-3

French Labour CodeIn force

Updated 5 Nov 2023

Any person who intentionally fails to fulfil his or her obligations is deemed to have engaged in undeclared work by concealing his or her activity, by carrying out for profit an activity of production, processing, repair or provision of services or by carrying out commercial acts:

1° Either has not applied for registration in the National Register of Companies as a business in the trades and crafts sector or in the Trade and Companies Register, where registration is compulsory, or has continued his activity after refusal to register, or after being struck off the register ;

2° Or has not made the declarations required to be made to social security bodies or the tax authorities under the legal provisions in force. This situation may, in particular, result from failure to declare a portion of its turnover or income or from the continuation of activity after having been struck off by the social protection bodies pursuant to article L. 613-4 of the Social Security Code;

3° Or has availed itself of the provisions applicable to the secondment of employees when the employer of the latter carries out activities in the State on whose territory it is established solely in the area of internal or administrative management, or when its activity is carried out on national territory on a regular, stable and continuous basis.

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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