Subsection 2: Access to documents and information

Articles in this section · 2

Article R4314-8

French Labour CodeIn force

Updated 3 Nov 2023

The market surveillance authorities and authorised agents may request the economic operator concerned to provide them with :

1° The document relating to the conformity of a specimen of equipment drawn up by the manufacturer;

2° The file or technical documentation for a model of equipment, comprising the relevant documents, technical specifications, data or information relating to the conformity of the model of equipment and its technical characteristics, including access to integrated software insofar as such access is necessary to assess the conformity of the equipment, regardless of the form and format, and regardless of the storage medium or the place where such documents, technical specifications, data or information are stored. Persons with access to the file or technical documentation may take or obtain copies and are bound by professional secrecy for all information relating to manufacturing and operating processes;

3° Commercial documentation presenting or promoting equipment to its purchasers;

4° Information on the supply chain, details of the distribution network, quantities of equipment on the market and other models of equipment with the same technical characteristics as the equipment in question;

5° Information enabling verification that corrective measures have been taken, in particular, where this information is known, the list and contact details of users of the non-compliant equipment that has been brought into compliance, together with details identifying the copy or copies of the equipment in the possession of each user;

6° Information relevant to identifying the owner of a website, where this information relates to the subject of the investigation;

7° Documents drawn up by the notified body as part of the conformity assessment procedure for a model of equipment.

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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