B. - Associations

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Article R121-3

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

It is allocated to the authorised association that has entered into the agreement provided for in the third paragraph of Article R. 15-37 :

1° For verification of the material, family or social situation of a person under investigation, carried out pursuant to the eighth paragraph of article 41 or the seventh paragraph of l'article 81 : IA. 1. However, when the investigator has not been able to carry out his duties due to the failure of the person concerned to respond to the summons, the allowance shall be IA. 6;

2° For duty on Saturdays, Sundays or public holidays, when during such duty no measures have been prescribed pursuant to the eighth paragraph of Article 41 or the seventh paragraph of Article 81: IA. 2;

3° For an investigation into the personality of an accused person as well as his material, family or social situation, carried out pursuant to the sixth paragraph of Article 81 or for the investigation into the personality of the victim as well as the nature and extent of the harm suffered by him, carried out pursuant to l'article 81-1 : IA. 3;

4° For a mission to implement one of the obligations of judicial supervision listed in 6° or 17° of article 138 :

IA. 4 for the first six months of judicial supervision and IA. 5 per additional six-month period up to a maximum of thirty-six months;

5° For a mission to implement a probationary suspension entrusted to him pursuant to the provisions of the last paragraph of article 471 : IA. 5 per six-month period.

The allowance shall be increased by 10% for measures ordered by a court within whose jurisdiction the population, according to the authenticated data of the last census, is at most equal to 170,000 inhabitants.

The allowance shall be reduced by 70% for those measures mentioned in 3°, 4° and 5° above which are carried out, on behalf of the authorised legal person, by a person who is not employed by it.

Mariela Petrova

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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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