Section 2: Conditions governing access to the judicial and legal professions for certain commercial court registrars.

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Article R742-36

French Commercial codeIn force

Updated 5 Nov 2023

A commission is set up to issue proposals for exemption from the training period provided for in article R. 742-35; it is composed as follows:

1° Three commercial court clerks appointed on the proposal of the Conseil national des greffiers des tribunaux de commerce; they may not sit when they are personally interested;

2° Two members of the profession to which the candidate wishes to enter, in active service or honorary, appointed on the proposal of their national representative body.

The chairman, chosen from among the three members who are commercial court clerks, and the other members of the commission are appointed for three years, by order of the Minister of Justice. Alternate members are appointed in equal numbers under the same conditions. If one of the members ceases to hold office for any reason whatsoever, he or she is replaced for the remainder of the term.

The commission's secretariat is provided by a civil servant from the Ministry of Justice. The committee's headquarters are at the Ministry of Justice.

The committee meets when convened by its chairman. Its deliberations are valid only if, in addition to the chairman, at least one commercial court clerk is present as well as a representative of the profession concerned by the request for exemption. Decisions are taken by majority vote. In the event of a tie, the chairman has the casting vote.

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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