Subsection 5: Data retention

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Article R142-21

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 7 Nov 2023

Any file that has not been updated within five years of the recording of the first data it contains shall be deleted, except in the following cases:
1° A file containing data relating to a residence permit or travel document is deleted if, after the expiry of the document, a period of five years has elapsed without the file having been updated ;
2° The file of a foreign national containing data relating to a deportation order or a permanent ban from French territory is deleted thirty years after the measure or sentence was entered in the processing system if the file has not been updated in the last five years;
3° A foreign national's file containing data relating to a deportation order imposed on that foreign national is deleted five years after the sentence lapses if the file has not been updated during this period;
4° A foreign national's file containing data relating to a ban on returning to French territory is deleted after a period of five years from the expiry of the period of validity of the ban, if the file has not been updated during this period. The data resulting from the B2 section of the criminal record mentioned in 7° of B of I of the annexe 3 are kept for a period of three years from the date on which they are recorded in the processing mentioned in article R. 142-16.

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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