Chapter VII: Provisions adapting Book VII.

Articles in this section · 12

Article L937-4

French Commercial codeIn force

Updated 6 Nov 2023

Article L. 723-1 reads as follows:

"Art. L. 723-1 -I.-The judges of the mixed commercial courts are elected within the jurisdiction of each of these courts by a college composed of:

1° Electors in their personal capacity:

a) Traders registered in New Caledonia in the Trade and Companies Register, subject, in the case of general partners and general partners, to the provisions of IV of this article;

b) Company managers registered in New Caledonia in accordance with the regulations applicable to the collectivity and the trade and companies register;

c) Spouses of the persons listed in a or b above who have declared to the trade and companies register that they are collaborating in their spouse's business without any other professional activity;

d) Sea captains or merchant navy captains exercising command of a ship registered in France whose home port is located in the district, maritime pilots exercising their duties in a port located in the district, civil aviation pilots domiciled in the district and exercising command of an aircraft registered in France ;

e) Serving members of mixed commercial courts, as well as former members of these courts;

2° Voters registered as representatives:

a) Commercial companies within the meaning of Article L. 210-1 and public establishments of an industrial and commercial nature whose registered office is located in the electoral division;

b) In respect of an establishment that is the subject in the electoral division of a supplementary registration or a secondary registration, unless exempted by the laws and regulations in force, the natural persons referred to in a and b of 1° and the legal persons referred to in a of this 2°, regardless of the electoral division in which these persons exercise their own right to vote ;

c) Companies of a commercial nature whose registered office is located outside the national territory and which have an establishment registered in the electoral division in the Trade and Companies Register;

3° Managers who, employed in the electoral division by the electors mentioned in 1° or 2°, carry out duties involving commercial, technical or administrative management responsibilities for the company or establishment.

II.-In respect of their registered office and all their establishments located in the local authority, the natural or legal persons mentioned in 1° and 2° of I have:

1° One additional representative, when they employ between ten and forty-nine employees in the local authority;

2° Two additional representatives, when they employ between fifty and one hundred and ninety-nine employees in the local authority;

3° Three additional representatives, when they employ between two hundred and four hundred and ninety-nine employees in the local authority ;

4° By four additional representatives, where they employ in the collectivity from five hundred to one thousand nine hundred and ninety-nine employees;

5° By five additional representatives, where they employ in the collectivity two thousand or more employees.

III.-However, the natural persons listed in a and b of 1° of I whose spouse benefits from the provisions of c of 1° of the same paragraph do not appoint any additional representatives if they employ fewer than fifty employees in the local authority.

IV.-General partnerships and limited partnerships shall designate by express deliberation in accordance with the provisions of the Articles of Association a single representative on behalf of the partners and the company, without prejudice to the possibility of designating additional representatives in application of II above. "

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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