Subsection 1: Identification and verification of customer identity

Articles in this section · 6

R561-5R561-5-1R561-5-2R561-5-3R561-5-4R561-6

Article R561-5-2

French Monetary and Financial CodeIn force
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Updated 5 Nov 2023

For the application of 2° of I of Article L. 561-5, and when the measures provided for in 1° to 4° of Article R. 561-5-1 cannot be implemented, the persons referred to in Article L. 561-2 shall verify the identity of their customer by applying at least two of the following measures:

1° Obtain a copy of a document referred to in 3° or 4° of Article R. 561-5-1;

2° Implement measures to verify and certify the copy of an official document or extract from an official register mentioned in 3° or 4° of Article R. 561-5-1 by a third party independent of the person to be identified;

3° Require that the first payment for transactions be made from or to an account opened in the customer's name with a person mentioned in 1° to 6° bis of Article L. 561-2 who is established in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and terrorist financing;

4° Obtain direct confirmation of the customer's identity from a third party meeting the conditions laid down in 1° or 2° of I of Article L. 561-7 ;

5° Use a service certified by the Agence nationale de la sécurité des systèmes d'information, or a certification body that this agency authorises, as complying with the substantial guarantee level of the requirements relating to proof and verification of identity, set out in the Annex to Implementing Regulation (EU) 2015/1502 of 8 September 2015. A joint order of the Prime Minister and the Minister for the Economy specifies the terms of application of this 5°;

6° Collect a valid advanced or qualified electronic signature or advanced or qualified electronic seal based on a qualified certificate or use a qualified electronic registered mail service including the identity of the signatory or the creator of the seal and issued by a qualified trust service provider registered on a national trust list pursuant to Article 22 of Regulation (EU) No 910/2014 of 23 July 2014.

Of the measures mentioned above, the persons mentioned in Article L. 561-2 shall choose those which, combined together, enable the verification of all the customer identification elements mentioned in Article R. 561-5.

In accordance with the procedures laid down in Article L. 561-12, these persons shall keep the information and documents relating to the measures implemented under this Article, regardless of the medium used.

Mariela Petrova

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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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