Section 2: Procedure

Articles in this section · 16

Article R824-2

French Commercial codeIn force

Updated 4 Nov 2023

I.-Persons may be authorised as investigators if they have at least three years' professional experience in the legal, accounting or financial fields or in the field of certification of accounts or financial information and have not been convicted of any of the offences referred to in Article L. 500-1 of the Monetary and Financial Code.

The General Reporter authorises investigators on an individual basis for a renewable period of three years.

When, for the specific needs of an investigation, the General Rapporteur wishes to have recourse, due to his own skills, to an agent of the High Council who does not have authorisation to carry out investigations, he shall issue him with authorisation limited to that investigation.

II.-Investigators may not carry out an investigation if, during the previous three years, they have been a partner, employee or collaborator of one of the persons mentioned in the procedure or of a person linked to the latter. Before starting an investigation, he must declare that he is not in a situation of conflict of interest with the person or persons in question. Where appropriate, the General Rapporteur shall request from the investigator any additional information enabling him to ensure that there is no conflict of interest.

III.-The General Rapporteur shall issue an engagement order to the investigators he appoints to carry out an investigation. The mission order shall indicate the identity of the investigator and the purpose of his mission.

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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