Section 1: Electorate.

Articles in this section · 4

R723-1R723-2R723-3R723-4

Article R723-2

French Commercial codeIn force
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Updated 5 Nov 2023

To draw up the list of members of the electoral college, the commission shall obtain from the president of the commercial court a copy of the order fixing the list of judges making up the court and the list of former members of the court, as well as, from the president of the chamber of commerce and industry and the president of the chamber of trades and crafts, the list of their elected members falling within the jurisdiction of the commercial court.

The Commission also registers former members of the Commercial Courts and judges elected after the election of members of the Chambers of Commerce and Industry and the Chambers of Trades and Crafts. The commission also registers the members of the chambers of commerce and industry and the chambers of trades and crafts elected after the electoral roll was drawn up.

The commission suspends from the list of members of the electoral college the elected members of the chambers of commerce and industry and the chambers of trades and crafts that have been the subject of a decision provided for in premier alinéa de l'article L. 712-9 du code de commerceor à l'article 19 du code de l'artisanat.

The commission shall proceed with the removal of members of the electoral college who have died, resigned, are deemed to have resigned or have been sentenced to one of the penalties, disqualifications or sanctions provided for in 1° to 4° of article L. 723-2.

The electors mentioned in 1° of article L. 723-1 belong to the electoral college of the jurisdiction of the commercial court until the end of their term of office within the chamber of commerce and industry or the chamber of trades and crafts.

A judge who has held office for at least six years and who has not been deemed to have resigned is a former member of the commercial court

The electors mentioned in 2° of article L. 723-1 may not be entered on the list of members of the electoral college of several commercial courts. When these electors are likely to find themselves in this situation, they are required to request their removal from the electoral list from the presidents of the courts in which they do not wish to be electors.

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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

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