Section 6: Financial responsibility

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Article R1611-37

French General Code of Local AuthoritiesIn force

Updated 5 Nov 2023

The Consultative Commission on the Financial Liability of Local Authorities, referred to in III of Article L. 1611-10, includes:

1° Two members of the Conseil d'Etat, including the chairman of the commission, appointed by the vice-chairman of the Conseil d'Etat;

2° Two members of the Cour des Comptes, appointed by the first chairman of the Cour des Comptes;

3° The presidents of the "Régions de France" association, the Assemblée des départements de France, the Assemblée des communautés de France and the Association des maires de France et des présidents d'intercommunalité, who sit as representatives of local authorities, their groupings and their public establishments. They shall designate one of their number to act as vice-chairman of the commission, replacing the chairman if he is absent or unable to attend. In the absence of an agreement leading to this appointment, the duties of vice-chairman will be carried out by the eldest among them.

A deputy will be appointed at the same time as each full member of the Conseil d'Etat and the Cour des Comptes and in accordance with the same procedures, to replace him/her in the event of temporary impediment.

The members of the commission are appointed by each of the authorities mentioned in 1° and 2° above in accordance with the provisions of I of Article 74 of Law 2014-873 of 4 August 2014 for real equality between women and men, and of the decree no. 2015-354 of 27 March 2015 relating to equal access for women and men to commissions and consultative bodies reporting to the Prime Minister, ministers or the Banque de France. The appointment of their representatives by the members of the committee mentioned in 3° above complies with the same provisions.

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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