Subsection 3: Penalty procedure

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Article R321-32

French Intellectual Property CodeIn force

Updated 7 Nov 2023

When the supervisory board decides to initiate sanction proceedings, the statement of objections is sent by registered letter with acknowledgement of receipt, delivered by hand against a receipt or by bailiff, to the respondent organisation, together with the investigation report.

These documents are also sent to the chairman of the Enforcement Board.

The respondent organisation has two months to send the chairman of the Enforcement Board its written observations on the objections it has been notified of. It must send a copy to the chairman of the Enforcement Board. If it fails to do so, the copy is sent to it by the chairman of the Enforcement Board.

The notification of objections mentions the time limit provided for in the previous paragraph and states that the accused body may obtain a copy of the other documents in the file from the Enforcement Board and be assisted or represented by any counsel of its choice.

The chairman of the Enforcement Board may respond in writing, within a period not exceeding one month, to the written observations sent by the body. He will send a copy of this reply, in the manner provided for in the first paragraph of this article, to the organisation, which may, within a period of one month, send further observations to the chairman of the Enforcement Board.

A copy of these observations will be sent to the chairman of the Enforcement Board in the manner provided for in the third paragraph of this article. The chairman of the Enforcement Board may, if he deems it useful, authorise the body to respond to them under the conditions set out in the previous paragraph. The body may then submit new observations within one month. A copy will be sent to the chairman of the Enforcement Board for information.

The time limits provided for in this article may be reduced by the chairman of the Enforcement Board, where this is justified by the urgency or nature of the case.

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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