17°: Occupation of public property

Articles in this section · 1

Article 1048 ter

French General Tax CodeIn force

Updated 7 Nov 2023

The tax mentioned in article 680 :

1° Deeds granting authorisation for temporary occupation of the public domain constituting a right in rem in immovable property issued either by the State or one of its public establishments pursuant to articles L. 2122-5 à L. 2122-14 and L. 2122-17 to L. 2122-19 of the General Code on the Ownership of Public Persons or Article 13 of Ordinance No. 2004-559 of 17 June 2004 on partnership contracts, or by local authorities, their groupings or their public establishments, pursuant to I to III of Article L. 1311-5 and Article L. 1414-16 du code général des collectivités territoriales, as well as administrative emphyteutic leases concluded pursuant to article L. 2341-1 du code général de la propriété des personnes publiques;

2° Les actes portant bail consentis en application de l'article L. 2122-15 ducode général de la propriété des personnes publiques au profit de l'Etat;

3° Les actes portant crédit-bail consentis en application du IV de l'article L. 1311-5 du code général des collectivités territoriales for the benefit of local authorities, their groupings or their public establishments;

4° Emphyteutic leases entered into either by local authorities, their groupings or their public establishments pursuant to Articles L. 1311-2 et L. 1311-4 of the General Local Authorities Code, or pursuant to article L. 6148-2 of the Public Health Code;

5° Agreements not detachable from the authorisations and leases mentioned in 1° and 4° of this article;

6° Acts withdrawing the authorisations mentioned in 1°.

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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