Section 1: Transparency and disclosure requirements

Articles in this section · 8

Article R321-16

French Intellectual Property CodeIn force

Updated 7 Nov 2023

I. - The information relating to the management of rights that a collective or independent management organisation is required to make available to each rightholder pursuant to I of Article L. 326-3, include the following:

1° The contact details that the rights holder has authorised him to use in order to identify and locate him;

2° The amount of income respectively distributed and paid to the rights holder, specifying their breakdown by category of rights managed and by type of use;

3° The period during which the use took place for which income was allocated and paid to the rights holder, unless objective reasons relating to user declarations prevent the organisation from providing this information;

4° The amount of deductions made from this income, specifying that deducted in respect of management fees on the one hand and the provisions of Article L. 324-17 on the other hand;

5° The amount of any income from the exploitation of rights which has been distributed to the rights holder but which remains due to him, regardless of the period during which it was received by the organisation.

II. - The information relating to the management of the rights referred to in III of Article L. 326-3, which the organisation is required to make available to the other management organisation with which it has a representation agreement, includes the following:

1° The amount of income from the exploitation of the rights it has respectively distributed and paid under the representation agreement, specifying their breakdown by category of rights managed and by type of use;

2° The amount of any income from the exploitation of rights that it has distributed under the performance agreement, but which remain due, regardless of the period during which they were received by the organisation;

3° The amount of deductions made from this income, specifying the amount deducted for management fees on the one hand, and the provisions of article L. 324-17 on the other hand;

4° Information on the exploitation authorisations granted or refused for the works and other protected objects covered by the representation agreement;

5° A presentation of the resolutions adopted by its general meeting that relate to the management of the rights covered by the representation agreement.

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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