Chapter IV: Penalties

Articles in this section · 15

Article L824-13

French Commercial codeIn force

Updated 7 Nov 2023

The decision is published anonymously in either of the following circumstances:

1° Where publication of the decision is likely to cause serious and disproportionate harm to the person sanctioned, in particular, in the case of a sanction imposed on a natural person, where publication includes personal data;

2° Where publication would be likely to seriously disrupt the stability of the financial system, as well as the conduct of an ongoing investigation or audit.

Publicity of a sanction issued pursuant to the provisions of Sections 3 to 6 of Chapter I of Title VI of Book V of the Monetary and Financial Code may be deferred until such time as the reasons for not publishing it cease to exist. The High Council may also decide not to publish the decision where anonymity is insufficient to ensure that the stability of the financial markets is not compromised or, where the measures concerned are deemed minor, to ensure that publication of the decision is proportionate.

When a sanction decision is appealed, the High Council, which is informed without delay, immediately publishes this information on its website.

The High Council shall without delay inform the body referred to in 2° of Article 30 of Regulation (EU) No 537/2014 of 16 April 2014 of temporary bans imposed pursuant to 3° of I and 2° of II of Article L. 824-2 as well as 1° of I of Article L. 824-3.

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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