Paragraph 3: Corporate mutual funds governed by article L. 214-165-1

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Article R214-214-2

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

By way of derogation from I and II of article R. 214-32-29, corporate mutual funds may hold, without limitation, transferable securities issued by the company or by a company belonging to the same group within the meaning of I of article L. 214-165-1.

These funds may not hold more than 10% of the financial instruments with voting rights of any single issuer other than the companies mentioned in the previous paragraph.

Notwithstanding the provisions of II of article R. 214-32-35 and those of the previous paragraph, these funds may hold more than 10% of the securities issued by the company or by any company belonging to the same group within the meaning of I of article L. 214-165-1.

The cumulative amount of liquid assets recorded at the time of each net asset value calculation for the current year may not exceed one-fifth of the sum of net assets for the same period. The AMF Board may decide to make exceptional exceptions to this rule.

When the proportion of a fund's assets invested in securities of the company or of any company belonging to the same group within the meaning of Article L. 214-165-1 falls below one-third, the fund management company's priority objective in its securities purchase and sale transactions is to rectify this situation as quickly as possible, while taking into account the interests of unitholders.

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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