Section 4: Professional obligations

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Article R422-54

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The industrial property attorney:

1° Refrains in the same case from advising, assisting or representing clients with opposing interests; he also refrains from accepting a new case if the secrecy of information entrusted by a former client is likely to be violated;

2° Observes professional secrecy: this secrecy extends in particular to consultations he gives to his client, to professional correspondence exchanged as well as to any documents prepared on this occasion;

3° Conducts to its conclusion the case for which he is responsible, unless his client relinquishes it;

4° Reports on the performance of his mandate, in particular with regard to the handling of funds; to this end, he shall provide his client with an account showing separately, on the one hand, the fees, and on the other hand, the expenses and royalties : this account shall indicate any sums previously received by way of retainer or payment;

5° Hand over to the client who has dismissed him, or to the latter's new agent, all documents of an official nature of which he is the custodian, as well as all documents and information necessary for the performance or completion of the assignment entrusted to him; handover must take place within a period of time that avoids any foreclosure or limitation period.

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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