Chapter II: Provisions relating to the freezing of assets and the prohibition on making assets available to third parties

Articles in this section · 9

Article R562-1

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

The internal organisation and procedures provided for in Article L. 562-4-1 must enable the freezing and prohibition on making available measures in accordance with Article L. 562-4 to be applied without delay. This organisation and these procedures shall be adapted to the size and the nature of the activity of the persons subject to these provisions and shall include sufficient material and human resources.

The persons referred to in Article L. 561-2 shall ensure that the staff involved in implementing the measures referred to in the first paragraph receive appropriate training and have access to the information necessary for the performance of their duties or activities. The agents referred to in Article L. 523-1 and the persons used by electronic money institutions to distribute electronic money within the meaning of Article L. 525-8 are treated in the same way as the staff of the persons referred to in Article L. 521-1 for the application of these provisions.

The persons mentioned in Article L. 562-4-1 shall set up an internal control system for the implementation of the obligations mentioned in this article under the conditions and in accordance with the procedures set out in Articles R. 561-38-2 to R. 561-38-9.

For the persons mentioned in 1° to 7° bis of Article L. 561-2, an order of the Minister for the Economy or, for those persons mentioned in 2° of I of Article L. 561-36, the General Regulation of the Autorité des marchés financiers, shall specify the terms of application of this Article.

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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