Chapter VIII: National register of persons prohibited from managing assets

Articles in this section · 10

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Article R128-5

French Commercial codeIn force
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Updated 6 Nov 2023

When one of the measures mentioned in the third paragraph of article L. 128-1 is removed from the register of commerce and companies, the registrar responsible for keeping this register, where applicable informed by the registrar of the commercial court that has ordered the removal or by the public prosecutor if the removal is ordered by a civil or criminal court, as soon as the decision is no longer subject to an appeal suspending enforcement, shall immediately remove the corresponding entry from the national file of persons prohibited from managing companies.

The president of the Conseil national des greffiers des tribunaux de commerce or the person placed under his authority and designated by him for this purpose shall proceed with the removal of the entry in the case where the register is kept with a court mentioned in Articles L. 731-1 et L. 732-1, as soon as the decision to revoke it is received and forwarded by the Public Prosecutor as soon as it is no longer subject to an appeal suspending enforcement.

As the case may be, the clerk responsible for keeping the register of companies or the president of the Conseil national des greffiers des tribunaux de commerce or the person placed under his authority and designated by him for this purpose will automatically remove the measure from the file as soon as it expires or he is informed by the Public Prosecutor's Office of the amnesty from which the person concerned has benefited.

Deletion of the registration prohibits communication of the information provided for in article R. 128-4 to the recipients listed in Article L. 128-2. This information is deleted from the national register of banned persons at the end of a period of twenty-one months from the date of deletion.

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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