CHAPTER IV : Powers

Articles in this section · 8

Article LO6214-3

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

I. - The local authority shall lay down the rules applicable in the following matters:

1° Taxes, duties and fees under the conditions provided for in Article LO 6214-4; land registry;

2° Town planning; construction; housing; accommodation;

3° Road traffic and road transport; maritime services of territorial interest; registration of ships; sailing licences and permits for pleasure craft for personal use not subject to free registration; creation, development and operation of seaports, with the exception of the labour regime ;

4° Roads; property law and community assets;

5° Environment, including the protection of wooded areas;

6° Access to work for foreigners;

7° Energy;

8° Tourism;

9° Creation and organisation of community services and public establishments;

10° Hire of land motor vehicles.

However, the State remains competent to lay down, in the matters mentioned above, the rules relating to the investigation, recording and punishment of criminal offences.

By way of derogation from 2°, the State authorities issue, within the framework of the regulations applicable to Saint-Barthélemy and after obtaining the opinion of the Executive Council, authorisations or acts relating to the use and occupation of land concerning constructions, installations or works carried out on behalf of the State and its public establishments.

II. - In the event that the collectivity of Saint-Barthélemy accedes to the status of "overseas country and territory" of the European Union and the European Communities and as of that accession, the collectivity is competent in customs matters, with the exception of measures prohibiting imports and exports which fall within the scope of public policy and France's international commitments, rules relating to powers to investigate and establish criminal offences and litigation procedures in customs matters.

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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