Paragraph 1: Proposed measures

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Article R15-33-40

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

The minutes provided for in the twenty-sixth paragraph of l'article 41-2 précise :

the nature of the alleged offences and their legal classification;

the nature and quantum of the measures proposed pursuant to 1° to 19° of article 41-2, as well as the time limits within which they must be carried out where one of the proposed measures consists of the completion of a probationary period, it is specified whether the probationary period gives rise to the incurrence of costs to be borne by the offender as well as their maximum amount ;

where applicable, the amount or nature of the compensation proposed pursuant to the provisions of the twenty-third paragraph of article 41-2.

These minutes state that the person has been informed of his or her right to be assisted by a lawyer before agreeing to the public prosecutor's proposals and of his or her right to request a period of ten days before making his or her response known.

The minutes state that the person has been informed that the proposed composition pénale is going to be sent to the president of the judicial court for validation.

The minutes also state that the person will be informed of the decision of the president of the judicial court, and that in the event of validation the time limits for execution of the measures will begin to run on the date of notification of this decision.

The minutes are signed by the person as well as by the public prosecutor, his delegate or his mediator. A copy of the report will be given to the offender.

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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