Paragraph 3: Mobilisation of mortgage and similar claims.

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Article R313-20

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I. - A secured claim within the meaning of article L. 313-42 may only be mobilised in accordance with the provisions of this article up to the limit of the smallest of the following amounts:

1. The outstanding principal amount of this claim ;

2. The product of the financing ratio defined in II and the value of the asset financed or provided as collateral.

II. - The proportion referred to in 2 of I is equal to :


1.60% of the value of the property provided as collateral for mortgage loans where the property provided as collateral is a commercial property;


2.80% of the value of the property financed for guaranteed loans or of the property provided as collateral for mortgage loans where the property financed or provided as collateral is a residential property. In the case of loans to finance the construction of housing or both the acquisition of building land and the construction of housing, with the exception of speculative property financing, the value of the residential property used is the sale price of the property in its state of completion;


3.100% of the value of the property provided as collateral, for the portion of loans guaranteed by the Fonds de Garantie à l'Accession Sociale à la Propriété mentioned in l'article L. 312-1 du code de la construction et de l'habitation or any person who replaces it.


For the purposes of 2, work to create or convert a habitable surface area, by extension or by refurbishment, with a view to creating a dwelling, is treated in the same way as the construction of housing.

III. - Issuers of promissory notes are required to value the assets financed or provided as collateral corresponding to the receivables used, in accordance with the procedures set out in an order issued by the Minister for the Economy.

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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