Section 2: Disciplinary procedure

Articles in this section · 15

Article R241-16-1

French Sports CodeIn force

Updated 7 Nov 2023

I.-On receipt of the interested party's observations, the Agency may ask him to provide additional information and documents within a time limit that it shall determine and may submit these observations to experts.

II -When the Board decides to initiate disciplinary proceedings, after having heard the interested party's observations or after expiry of the period provided for in 6° of article R. 241-16, the notification of grievances is sent to the interested party by registered letter with acknowledgement of receipt or by letter delivered against receipt. This notification shall specify:

1° The alleged breach of the provisions of articles L. 241-2 and L. 241-3 ;

2° The penalties incurred pursuant to articles L. 241-6 and L. 241-7 and those proposed by the Secretary General of the Agency pursuant to article L. 232-22 ;

3° The possibility for the person concerned, within twenty days of receipt of the notification :

a) either to enter the administrative composition procedure by acknowledging the infringement, accepting the sanctions and consequences proposed by the Secretary General and waiving the hearing before the Sanctions Committee;

b) or to refuse to enter the administrative composition procedure by contesting the infringement, refusing the sanctions and consequences proposed by the Secretary General or requesting the hearing before the Sanctions Committee;

4° The possibility for the interested party to provide evidence constituting substantial assistance within the meaning of Article L. 230-4 and, where applicable, to have the ban suspended in part under the conditions set out in Article L. 232-23-3-2.

The notification of grievances shall be sent, by any means, to the International Federation concerned. The sports federation shall be informed that the interested party has received the notification provided for in the present article.

III - As from the receipt by the French Anti-Doping Agency of the acceptance of the proposal to enter the administrative composition procedure, the agreement mentioned in the fourth paragraph of article L. 232-22 shall be concluded within a maximum period of two months.

When the agreement is validated by the College, the decision is notified by registered letter with acknowledgement of receipt or by letter delivered against receipt, to the person who has been proposed for administrative membership and, by any means, to the President of the French Anti-Doping Agency, to the Minister responsible for Sport, to the International Federation concerned and, where applicable, to the sports federation concerned. The decision is also forwarded to the chairman of the Sanctions Committee.

If the agreement is not validated by the Board, the latter may ask the Secretary General to submit a new draft agreement to the person proposed for administrative membership. The new agreement shall be concluded within a period that may not exceed one month from the notification of the refusal to validate. The procedure provided for in this paragraph may only be implemented once.

Without prejudice to the possibility of reaching an agreement at a later date, the administrative composition procedure is interrupted under the conditions provided for in Article R. 232-89-1.

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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