TITLE VII: Administrative injunctions and penalties

Articles in this section · 2

R470-1R470-2

Article R470-2

French Commercial codeIn force
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Updated 5 Nov 2023

I. - The administrative authority mentioned in the fourth paragraph of 1 of III of article L. 470-1 and article L. 470-2 is:

1° The Director General of Competition, Consumer Affairs and Fraud Control or his appointed representative;

2° The Head of the National Investigations Department of the Directorate General of Competition, Consumer Affairs and Fraud Control or his appointed representative;

3° The Regional Director of the Economy, Employment, Labour and Solidarity or his appointed representative ;

4° The Director of the Economy, Employment, Labour and Solidarity or his appointed representative;

5° The Director of the Departmental Directorate in charge of population protection or his appointed representative;

6° In French Guyana, the Director General of Cohesion and Populations or his appointed representative.

II. - The decision referred to in Article L. 470-2 may be challenged by the person who is the subject of the decision before the Minister responsible for the economy. This appeal is exclusive of any other hierarchical appeal.

III. - The publication provided for in V of Article L. 470-2 may be made in the press, electronically or by posting.

Publication may relate to all or part of the decision, or take the form of a press release informing the public of the reasons for and the operative part of the decision.

Dissemination of the decision is made in the Official Journal of the French Republic, by 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 are designated in the decision. They may not oppose such dissemination.

Posting shall take place in the places and for the period indicated in the decision; it may not exceed two months. If the posters affixed are removed, concealed or defaced, they will be posted again.

The methods of publication are specified in the decision imposing the fine.

IV. - The Minister responsible for the economy is the authorising officer responsible for issuing the collection orders relating to the periodic penalty payments liquidated pursuant to Article L. 470-1, and the penalties imposed pursuant to Article L. 470-2.

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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