Paragraph 1: Board of Directors

Articles in this section · 6

Article R6123-8

French Labour CodeIn force

Updated 1 Nov 2023

I.-The Board of Directors deliberates on :

1° Setting a maximum level of funding eligible for the inter-branch equalisation referred to in 1° of Article L. 6123-5 ;

2° The monitoring and evaluation of the quality of the training initiatives mentioned in 7° of Article L. 6123-5, in particular the national reference framework provided for in Article L. 6316-3;

3° The recommendations referred to in 10° of Article L. 6123-5 in accordance with the provisions of Article L. 6123-10;

4° Actions implemented pursuant to 11° of Article L. 6123-5;

5° Recognition of the labelling bodies provided for in Article L. 6316-2, on the basis of the national reference framework mentioned in Article L. 6316-3;

6° The annual activity report intended for Parliament and the Minister responsible for continuing vocational training, in accordance with the provisions of article L. 6123-11 ;

7° The three-year agreement on objectives and performance concluded with the State in application of article L. 6123-11;

8° The allocation of surpluses to skills operators, non-employee training insurance funds, training councils and regional inter-professional joint committees, within the framework of one or more of the financial sections mentioned in article R. 6123-16;

9° The establishment's initial budget and amending budgets;

10° The annual balance sheet, profit and loss account, cost accounting principles and decisions relating to the determination and allocation of profits for the financial year and the constitution of reserves;

11° The conclusion of loans, the term of which may not exceed twelve months, above a threshold defined by the Board's regulations;

12° Contracts and other agreements involving, on the part of the establishment, a financial commitment the value of which exceeds a threshold defined by the Council's regulations or entered into under 4° and 14° of article L. 6123-5 ;

13° The acquisition or disposal of real estate assets;

14° The multi-annual property strategy plan;

15° Legal proceedings and transactions exceeding an amount set by the Council's internal regulations;

16° the information systems master plan;

17° the appointment of statutory auditors;

18° Granting advances to organisations or companies whose purpose is to contribute to the execution of the institution's missions;

19° Participation in a public interest grouping or any other form of public or private grouping;

20° The rules of the board of directors, the internal rules of the committee responsible for the professional certification provided for in article L. 6113-6 and the code of ethics applicable to the members of the board of directors and to the staff of the institution;

21° The creation of specialised committees within the institution and their rules of procedure.

II - The Board of Directors is kept informed :

1° The work of the committees and bodies set up within the institution ;

2° Reports of malfunctions mentioned in 12° of article L. 6123-5 ;

3° The consolidation, coordination and publicising of the work of the prospective observatories for trades and qualifications under 13° of Article L. 6123-5;

4° Annual reports on the implementation of the establishment's project and the three-year agreement on objectives and performance;

5° The general conditions of organisation and operation of the establishment, in particular the general conditions of employment and remuneration of staff;

6° Borrowings, with a term of no more than twelve months, for an amount below the threshold mentioned in 11° of I ;

7° Multiannual purchasing action plans and contracts and other contracts not covered other than those mentioned in 12° of I;

8° Leases and rentals of buildings;

9° The progress of the multi-annual property strategy plan, the information systems master plan and the purchasing action plan;

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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