Chapter VII: Special provisions in the absence of a receiver.

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Article R627-1

French Commercial codeIn force

Updated 5 Nov 2023

In the absence of an administrator, the co-contractor shall send the debtor the formal notice provided for in Article L. 622-13, by registered letter with acknowledgement of receipt. He shall simultaneously inform the mandataire judiciaire by sending him a copy of this formal notice by registered letter with acknowledgement of receipt.

The mandataire judiciaire must, without delay, inform the debtor and the co-contractor of his opinion.

Failing a response from the mandataire within fifteen days of the debtor's receipt of the formal notice, the debtor may refer the matter to the juge-commissaire.

The referral to the juge-commissaire suspends the response period provided for in 1° of III of Article L. 622-13. The court clerk shall notify the co-contractor of this referral and of its suspensive effect.

The provisions of Article R. 622-13 are applicable when the debtor exercises the option available to the administrator to request the termination of current contracts. The debtor shall attach to his request the assent of the mandataire judiciaire if he has obtained it. The court clerk shall notify the mandataire judiciaire, in place of the administrator, of the date of the hearing.

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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