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

Articles in this section · 9

Article R561-20-5

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

The orders referred to in Article L. 561-11 shall provide for at least one of the following measures:

1° Prohibiting the establishment in France of subsidiaries, branches or representative offices of persons equivalent to those mentioned in Article L. 561-2 domiciled, registered or established in the State or territory mentioned in 3° of Article L. 561-10 or otherwise take account of the fact that the person concerned is from a State or territory that does not have satisfactory arrangements for combating money laundering and terrorist financing;

2° Prohibit the persons mentioned in Article L. 561-2 from establishing subsidiaries, branches or representative offices in the State or territory referred to in 3° of Article L. 561-10 or otherwise take account of the fact that the branch or representative office in question would be established in a State or territory that does not have satisfactory arrangements for combating money laundering and terrorist financing;

3° Impose on the persons referred to in Article L. 561-2 enhanced external control or audit obligations for subsidiaries and branches established in a State or territory mentioned in 3° of Article L. 561-10;

4° Impose enhanced external audit obligations for subsidiaries and branches of the persons mentioned in Article L. 561-2 whose parent undertakings or registered offices are located in a State or territory mentioned in 3° of Article L. 561-10;

5° Without prejudice to the measures provided for in Article L. 561-10-3, require the persons mentioned in 1° to 1°c, 5° and 6° to 6°a of Article L. 561-2 to adapt their correspondent relationships with client institutions in the country concerned or, if necessary, to terminate them.

The decrees mentioned in Article L. 561-11 may also limit or exclude the use of a third party mentioned in Article L. 561-7 that is located in a country that does not have satisfactory anti-money laundering and anti-terrorist financing systems.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More