Subsection 9: Obligations where there is a high risk of money laundering or terrorist financing

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Article R561-20-2

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

The persons mentioned in Article L. 561-2 shall define and implement procedures, adapted to the money laundering and terrorist financing risks to which they are exposed, enabling them to determine whether their customer, or its beneficial owner, is a person mentioned in 1° of Article L. 561-10 or becomes one in the course of the business relationship.

When the customer, or its beneficial owner, is a person mentioned in 1° of Article L. 561-10 or becomes one in the course of the business relationship, the persons mentioned in Article L. 561-2, in addition to the measures provided for in Articles L. 561-5 to L. 561-6, apply the following additional due diligence measures:

1° They shall ensure that the decision to enter into or maintain a business relationship with this person may only be taken by a member of the executive body or any person authorised for this purpose by the executive body;

2° They shall investigate, for the purposes of assessing the risks of money laundering and terrorist financing, the origin of the assets and funds involved in the business relationship or transaction;

3° They shall reinforce the due diligence measures provided for in Article R. 561-12-1.

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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