Paragraph 3: Validation and checks carried out by the presidents of the chambers of trades and crafts

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Article R123-279

French Commercial codeIn force

Updated 6 Nov 2023

For the purposes of satisfying the checks provided for in article L. 123-45, any natural or legal person subject to the obligation to register in the National Register of Companies as a company in the trades and crafts sector pursuant to 3° of article L. 123-36 must indicate in its declaration for registration purposes:

1° The number of employees;

2° Where applicable, whether the natural person or the manager of the legal entity is covered by the scheme referred to in Article L. 613-7 of the Social Security Code;

3° If its activity comes under the article 16 of law no. 96-603 of 5 July 1996 relating to the development and promotion of trade and craft trades, the identity and position within the company of the person exercising effective and permanent control of the business or, failing this, that the person undertakes to recruit a professionally qualified employee to ensure such control. The declaration must be accompanied by a copy of the diploma or degree or any other document proving the required professional qualification and, where applicable, a copy of the employment contract. Where the registered person has undertaken to recruit a professionally qualified employee, a copy of the employment contract and the documents proving the employee's qualification must be submitted no later than three months from the date of registration of the business;

In the case of the registration of a company, the declaration must be accompanied by a copy of the diploma or title or any document proving the professional qualification required, as well as, where applicable, a copy of the employment contract. 4° In the case of carrying out an activity as a river freight carrier, that it satisfies the conditions of professional competence provided for in article R. 4421-3 of the Transport Code. The declaration is accompanied by the certificate provided for in article R. 4421-4 of the same code.

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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