11°: Borrowings by départements, communes and public establishments

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Article 133

French General Tax CodeIn force

Updated 8 Nov 2023

The withholding tax provided for in 1 of l'article 119 bis et du prélèvement prévu au I de Article 125 A:

1° Interest, arrears and all other income from negotiable loans contracted from the entry into force of the law of 29 December 1929 and before 1 January 1965, by départements, communes, syndicates of communes and public establishments with the caisse des dépôts et consignations, the crédit foncier, the société anonyme Natexis or any company it controls within the meaning of Article L. 233-3 of the French Commercial Code and savings banks.

Interest, arrears and all other proceeds from negotiable loans issued directly to the public by the same local authorities, from the entry into force of the said law and before 1 January 1965.

The exemption applies to all negotiable loans issued by the same local authorities before 1 January 1930, when the tax has been borne by the said local authorities.

However, it does not apply to negotiable loans contracted as from 1 March 1942, under the conditions provided for in the first and second paragraphs, both by organisations falling within the provisions of Article 1 of the decree of 31 January 1942 issued for the application of Article 4 of the law of 28 June 1941, and on behalf of these organisations (1);

2° (repealed as from the date of entry into force of the loi n° 96-142 du 21 février 1996, articles 1er, 11 et 12 30°);

3° Negotiable bond securities not listed on the stock exchange that départements, communes, syndicates of communes and public establishments issued after 1 January 1939 and before 1 January 1965.

However, this exemption is not applicable to securities relating to loans contracted as from 1 March 1942 by bodies falling within the provisions of Article 1 of the decree of 31 January 1942 issued in execution of Article 4 of the law of 28 June 1941 or on behalf of these bodies (1);

4° Securities of bonds listed on the stock exchange that departments, communes, unions of communes and public establishments issued after 1 April 1945 and before 1 January 1965.

However, this exemption does not apply to issues intended to ensure the early repayment of non-exempt loans until the normal maturity of these loans, as well as to securities relating to negotiable loans contracted by organisations falling within the provisions of article 1 of the decree of 31 January 1942 issued in execution of article 4 of the law of 28 June 1941 or on behalf of these organisations (1).

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

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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