C: Criminal penalties

Articles in this section · 14

Article 1751

French General Tax CodeIn force

Updated 7 Nov 2023

1. (Repealed).

2. In all cases where a breach of the invoicing rules as provided for in articles L. 441-9 and L. 443-3 of the French Commercial Code (1), the offender's business may be sequestered until the final decision has been enforced. The sequestration measure may be extended to the offender's entire assets.

Receivership may be ordered by the investigating judge or by the criminal court hearing the case, at any stage of the proceedings, at the request of the public prosecutor. It may also be ordered, except in the case of referral to the investigating judge or the criminal court, by the president of the court ruling in summary proceedings under the conditions provided for in articles 485 and 486 of the Code of Civil Procedure. In all cases, the decision ordering the sequestration is, ipso jure, enforceable by provision and on the minute, before registration.

The sequestration is entrusted to the estates department in the forms and conditions provided for by the validated law of 5 October 1940, relating to assets placed in sequestration as a result of a general security measure.

3. A decree issued on the report of the Keeper of the Seals, Minister of Justice, the Minister of the Economy and Finance and the Secretary of State for the Budget shall determine the conditions of application of this article (2).

(1) See also livre des procédures fiscales, art. L. 246.

(2) See articles art. 406 A 12 to 406 A 16 of Annex III.

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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