Section 4: Partial access to the activities of voluntary sale of movable property by public auction by nationals of Member States of the European Union and States party to the Agreement on the European Economic Area

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Article R321-68

French Commercial codeIn force

Updated 5 Nov 2023

The application for partial access to the activities of voluntary sale of furniture by public auction provided for in article L. 321-28-1, shall be sent to the Conseil des maisons de vente by teleprocedure on its website.

This request must be accompanied by the following documents:

1° A request from the interested party for partial access to the activities of voluntary sale of furniture by public auction. This must specify whether the application is for an establishment or for the temporary and occasional provision of services in France, as well as the scope of the activities that the applicant wishes to carry out;

A copy of all the official documents required for the application. 2° A copy of all valid official documents proving the identity and nationality of the applicant;

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3° Documents making it possible to verify that the applicant meets the conditions required by the provisions of I of Article L. 321-28-1, such as certified copies of certificates of competence or training qualifications allowing the partial exercise of the activities of voluntary sales of furniture by public auction;

4° A certificate issued by the competent authority or, failing this, a statement on the declarant's honour certifying that it meets the conditions laid down in 2° of I of Article L. 321-4;

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5° Proof that the guarantees mentioned in 2° and 3° of article L. 321-6 have been taken out. Applicants are deemed to have fulfilled these obligations if they can prove that they have taken out equivalent insurance and guarantees in terms of the terms and extent of cover, in accordance with the rules of the State in which they took out the insurance or guarantees. In the absence of complete equivalence, he is obliged to take out additional insurance or a guarantee.

Documents in a foreign language must be accompanied by a French translation. With the exception of those documents proving the identity and nationality of the applicant, this translation must be made by a translator registered on one of the national lists, or those drawn up by the appeal courts, of legal experts or by a translator authorised to intervene before the judicial or administrative authorities of a Member State of the European Union or party to the agreement on the European Economic Area.

The documents referred to in 4° and 5° must be translated into French. The documents referred to in 4° and 5° may not be more than three months old at the time they are produced.

The Conseil des Maisons de Vente acknowledges receipt of the documents referred to in 4° and 5°. The Conseil des maisons de vente acknowledges receipt of the applicant's file and informs him, where applicable, of any missing documents.

In this case, the applicant forwards the file to the Conseil des maisons de vente. In this case, the applicant shall forward the missing document(s) within one month of receipt of the request for additional information, failing which the application will lapse.

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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