Section 1: Guardianship arrangements.

Articles in this section · 13

Article R712-5

French Commercial codeIn force

Updated 5 Nov 2023

I.-The decision to suspend or dissolve the bureau alone or the general meeting and the bureau of a public establishment of the network provided for by article L. 712-9 is taken by order of the supervisory authority specifying the reasons for the decision.

In the event of suspension or dissolution of the executive committee, the order shall determine the procedures for the conduct of current business and shall set, where applicable, the date and procedures for convening an extraordinary general meeting to elect a new executive committee.

In the event of the suspension or dissolution of the general meeting and the executive committee, the order shall determine the composition of the provisional committee responsible, until the end of the suspension or, in the event of dissolution, for dealing with current business and taking, subject to the express agreement of the supervisory authority, measures to remedy the situation that justified the suspension or dissolution. The committee may draw up, if necessary, and with the collaboration, for territorial chambers of commerce and industry, of the regional chamber of commerce and industry, and for regional chambers of commerce and industry, of CCI France, the budgets required to ensure the operation of the chamber.

II.-This commission consists of between three and eleven members, appointed as follows:

1° For a territorial chamber of commerce and industry, from among the members or former members of the chamber or members of the regional chamber to which it is attached;

2° For a regional chamber of commerce and industry, from among presidents or former presidents of one or more chambers within its jurisdiction or members or former members of its assembly;

3° For CCI France, from among the presidents or former presidents of a regional chamber of commerce and industry and a chamber of commerce and industry;

4° For an interconsular grouping, from among the members of the chambers participating in the grouping and, if not in respect of their participation in the grouping, the members of the regional chamber or chambers of commerce and industry to which the territorial chambers of commerce and industry participating in the grouping are attached.

The prefect's order, or the ministerial order in the case of CCI France, appoints at least one member or former member of the establishment to the commission.

One of the members of the committee is appointed by the supervisory authority as authorising officer and another as treasurer.

III.-The chairman of the commission is required to provide the supervisory authority at a frequency defined by the latter with information on the operation of the public establishment and the conditions under which current business is dispatched.

The same information is communicated to the president of CCI France and, if the measure concerns a territorial chamber of commerce and industry, to the president of the regional chamber of commerce and industry to which it is attached.

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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