Paragraph 1: Initial risk assessment

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Article R4412-97-3

French Labour CodeIn force

Updated 3 Nov 2023

I. - When, for one of the following reasons, the person mentioned in the first paragraph of I of article R. 4412-97 finds that the location cannot be carried out, the safety of workers is ensured under the conditions laid down in II of this article:

1° In the event of an emergency caused by a disaster presenting a serious risk to public health or safety or to the protection of the environment ;

2° In the event of an emergency caused by a disaster posing a serious risk to people or property that cannot be remedied within a timeframe compatible with that required to carry out the survey;

3° If, in the opinion of the surveyor, the technical conditions or circumstances in which the survey is to be carried out are such as to expose him to an excessive risk to his health or safety;

4° When the operation is aimed at repair or corrective maintenance and falls within both the scope of the interventions mentioned in 2° of article R. 4412-94 and the first dust level mentioned in article R. 4412-98.

II. - In the cases mentioned in I, the individual and collective protection of workers is ensured by measures laid down for each field of activity by the orders mentioned in II of article R. 4412-97 as if the presence of asbestos were proven. These measures are defined by the company called upon to carry out the operation, depending, on the one hand, on the level of risk which it has previously assessed and in particular the estimated level of dust mentioned in article R. 4412-98 and, on the other hand, on the circumstances specific to the planned operation and in particular the degree of urgency with which it is carried out.

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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