Section 1: Decisions.

Articles in this section · 19

D464-8-1R464-1R464-2R464-3R464-4R464-5R464-5-1R464-5-2R464-5-3R464-5-4R464-5-5R464-6R464-7R464-8R464-9R464-9-1R464-9-2R464-9-3R464-9-4

Article R464-9-1

French Commercial codeIn force
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Updated 5 Nov 2023

The Minister responsible for the economy shall notify, by registered letter with acknowledgement of receipt, the companies that it suspects of practices mentioned in Articles L. 420-1, L. 420-2, L. 420-2-1, L. 420-2-2 and L. 420-5 and which meet the turnover conditions specified in the first paragraph of article L. 464-9 the facts found to constitute the infringements attributed to them. This communication is accompanied by an administrative investigation report. This report highlights the facts observed, their legal classification and their imputability. The companies concerned are informed of the measures envisaged against them, i.e. an injunction and a sum to be paid to the Treasury by way of settlement, or one of these two measures only. The recipient companies may consult the file subject to the protection of business secrecy.

The recipient companies are invited to submit written observations and have two months from receipt of the letter to do so. This period may be extended at their request for a further period not exceeding two months. Companies may also submit oral observations to the person signing the letter within the time limit set. They may be assisted by counsel.

The publicity provided for in the third paragraph of Article L. 464-9 may be carried out via the press, electronically or by posting. Press distribution, electronic distribution and posting may be ordered cumulatively.


Dissemination or posting may relate to all or part of the injunction and settlement measures, or take the form of a press release informing the public of the reasons for and the terms of these measures. The dissemination or posting may be accompanied by a message to raise public awareness of the practices in question. The injunction or settlement measures may be published in the Official Journal of the French Republic, in one or more other press publications or by one or more electronic public communication services. The publications or electronic public communication services responsible for this dissemination shall be designated in the injunction or settlement measures.


The injunction or settlement measures shall be posted in the following locations The notice is displayed in the places and for the period indicated in the injunction or settlement order. It may not exceed two months. If the posters are removed, concealed or defaced, they will be re-posted. The procedures for advertising are specified in the injunction or settlement.

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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