Subsection 2: Provisions relating to legal entities and establishments open to the public implementing the exception

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Article R122-16

French Intellectual Property CodeIn force

Updated 8 Nov 2023

I.-To be included on the list provided for in 1° of Article L. 122-5-1, the legal entity or establishment must, in support of its request sent to the Commission by registered letter with acknowledgement of receipt or by electronic means:

1° Transmit its articles of association, contact details and, for private-law bodies, the profit and loss account for the last financial year and any information that makes it possible to establish the non-profit nature of the legal person or establishment;

2° Indicate the number of its members or users, the types of disability its activities address and the means implemented to ensure that these persons meet the conditions provided for in 7° of Article L. 122-5;

3° Indicate the types of works, the adaptation formats and the human and material resources available to ensure secure communication and, where applicable, the design and production of adapted documents;

4° Specify the conditions of access to and use of its collections and the means used to inform its users and staff about the conditions of use of works in compliance with the provisions of the first paragraph of 7° of Article L. 122-5 and articles L. 122-5-1 and L. 122-5-2.

Any application for renewal of registration on the list provided for in 1° of Article L. 122-5-1 shall include the information mentioned in 2° and, only if justified by new information, that mentioned in 1°, 3° and 4°.

II.-In addition to the information required for registration on the list provided for in 1° of Article L. 122-5-1, to be approved under 2° of Article L. 122-5-1, the legal entity or establishment must, in support of its application sent to the Commission by registered letter with acknowledgement of receipt or by electronic means, at the same time as its application for inclusion on the list or independently:

1° Specify the conditions for storing and securing the digital files transmitted by the Bibliothèque nationale de France;

2° Specify the methods for adapting and processing these files;

3° Provide evidence of the security of the information system housing these files and their adaptations;

4° Provide evidence of the security and confidentiality of the transmission of these files to the persons mentioned in the first paragraph of 7° of Article L. 122-5.

III.-If the administration remains silent for more than six months on a request made under I or II, this will be deemed to constitute an acceptance decision.

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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