Chapter VII: The business project support contract for the creation or takeover of an economic activity.

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Article R127-1

French Commercial codeIn force

Updated 6 Nov 2023

The business project support contract for the creation or takeover of an economic activity defined in article

L. 127-1

:

1° Sets out the programme of preparation for the creation or takeover and management of an economic activity and the respective commitments of the contracting parties, distinguishing on the one hand between the stipulations provided for until the start of an economic activity within the meaning of Article

L. 127-4

and, on the other hand, the stipulations applicable after the start of this activity;

2° Specifies the nature, amount and conditions of use of the resources made available to the beneficiary by the legal entity responsible for the support as well as any changes to these resources during the performance of the contract;

3° Provides, where applicable, for the terms of calculation or the flat-rate amount of the remuneration of the legal entity responsible for the support, as well as any changes thereto during the performance of the contract;

4° Determines the nature, maximum amount and conditions of the commitments made by the beneficiary to third parties during the performance of the contract, as well as the party that assumes the final financial responsibility for them ;

5° Determines, after the start of an economic activity, the terms and frequency according to which the person responsible for the support is informed of the beneficiary's accounting data;

6° Specifies the terms for early termination;

7° May provide, before the start of an economic activity, for remuneration for the beneficiary of the contract as well as, where applicable, its calculation and payment terms and amount;

8° Provides, after the start of an economic activity, for the conditions under which the beneficiary of the contract pays to the legal entity responsible for the support the sums corresponding to the amount of social security contributions paid by the latter on his behalf pursuant to the second paragraph of Article L. 783-1 of the French Labour Code.

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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