Subsection 1: Guidance and Supervisory Board

Articles in this section · 10

Article R514-32

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - The Guidance and Supervisory Board adopts the internal regulations, which govern in particular the organisation of work and the internal control procedures designed to ensure the security of operations.

It oversees the application of regulations relating to employee relations and, where appropriate, examines the caisse's social balance sheet.

It approves the general terms and conditions of deposits, loans and other services offered by the caisse to its customers.

It appoints the caisse's representatives on the representative bodies of the profession.

II. - The following are subject to the prior authorisation of the Guidance and Supervisory Board:

1° Expenditure exceeding an amount set by order of the Minister for the Economy;

2° Decisions to open or close branches or auxiliary offices;

3° Disposals affecting the assets of the Caisse, in particular the acquisition of holdings in public limited companies as provided for in article L. 514-1, without prejudice to the general provisions applicable to disposals by public bodies;

4° Agreements between the Caisse and the Director or one or more members of the Guidance and Supervisory Board, with the exception of those relating to current transactions and entered into under normal conditions, which are subject to prior notification to the Chairman of the Guidance and Supervisory Board.

III. - The Guidance and Supervisory Board informs the municipal council of the municipality in which the establishment has its registered office in advance of :

1° Any disposal of assets whose net balance sheet value is greater than or equal to the lower of the following two amounts: 10% of the fund's net fixed assets or 1% of its balance sheet total;

2° Any acquisition of assets for which the price reaches the same amount.

For the application of 1° and 2°, reference should be made to the latest balance sheet of the caisse, consolidated if applicable, approved by the Guidance and Supervisory Board.

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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