Section 2: Information and documents to be submitted with the tender

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Article R2351-15

French Public procurement codeIn force

Updated 7 Nov 2023

Where the purchaser lays down requirements relating to security of supply, he may in particular request, in the consultation documents, that the tenderer's tender include:
1° certification or documents demonstrating that it will be able to fulfil the obligations relating to the export, import, transfer and transit of goods associated with the contract, including any additional documents issued by the State concerned;
2° an indication of any restrictions on the purchaser concerning the disclosure, transfer or use of the products and services or any information relating to these products and services resulting from export control regimes or security regimes;
3° Certification or documents demonstrating that the organisation and location of its supply chain will enable it to meet the buyer's security of supply requirements;
4° Any additional documents issued by its national authorities concerning the satisfaction of additional needs that may arise following a crisis as defined in article R. 2322-3;
5° An undertaking to ensure that any changes in the supply chain during the performance of the contract will not adversely affect compliance with security of supply requirements and that the supply chain will maintain at least an equivalent level of security of information, security of supply or environmental and social standards;
6° An undertaking to set up or maintain the necessary capacity to cope with any increase in requirements following a crisis as defined in Article R. 2322-3, in accordance with terms and conditions to be agreed;
7° An undertaking to ensure the maintenance, modernisation or adaptation of the supplies covered by the contract;
8° An undertaking to inform the purchaser, in good time, of any change in its organisation, supply chain or industrial strategy likely to affect its obligations to it;
9° An undertaking to supply, in accordance with terms and conditions to be agreed, all the specific resources required for the production of spare parts, components, assemblies and special test equipment, including technical drawings, authorisations and instructions for use, in the event that it is no longer able to supply them.

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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