Section 1: Entry on the roll of the order

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Article R4112-2

French Public Health CodeIn force

Updated 3 Nov 2023

I.- Upon receipt of the request, the Chairman of the Departmental Council appoints a rapporteur from among the members of the Council. The rapporteur examines the application and submits a written report.

The council will check the applicant's qualifications and request a copy of bulletin no. 2 of the applicant's criminal record. It refuses registration if the applicant is in one of the following three cases:

1° He does not meet the necessary conditions of good character and independence ;

2° It is established, under the conditions set out in II, that the applicant does not meet the necessary conditions of competence;

3° It is established, under the conditions set out in III, that he has an infirmity or pathological condition that is incompatible with the practice of the profession.

II - In the event of serious doubt as to the applicant's professional competence, the departmental council will refer the matter to the regional or inter-regional council, which will commission an expert opinion. The expert report is drawn up under the conditions set out in II, III, IV, VI and VII of article R. 4124-3-5 and is sent to the departmental council.

If, in the light of the expert report, it is established that there is a professional shortcoming that makes it dangerous to practise the profession, the Departmental Council will refuse registration and specify the practitioner's training obligations. The notification of this decision will state that a new application for registration will not be accepted unless the practitioner has first demonstrated that he/she has fulfilled the training obligations set out in the decision of the departmental council.

III - In the event of serious doubt as to the existence of an infirmity or pathological condition that is incompatible with the practice of the profession, the departmental council will refer the matter to the regional or inter-regional council, which will commission an expert opinion. The expert report is drawn up under the conditions set out in II, III, IV, VII and VIII of article R. 4124-3.

IV-The three-month period referred to in article L. 4112-3 may be extended for a period not exceeding two months by the departmental council when an expert opinion has been ordered. This period may not be extended for the purposes of verifying the qualifications required to practise the profession.

No decision to refuse registration may be taken without the interested party having been invited at least fifteen days in advance by registered letter with acknowledgement of receipt to appear before the Council to present his explanations.

V.-Reasons must be given for any decision to refuse registration.

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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