Sub-section 1: Method of registration of mortgages

Articles in this section · 14

Article 2425

French Civil CodeIn force

Updated 6 Nov 2023

Subrogations to mortgages, discharges, reductions, cessions of anteriority and transfers that have been granted, extensions of time limits, changes of domicile and, in general, all changes, particularly in the person of the creditor benefiting from the registration, which do not have the effect of worsening the debtor's situation, are published in the real estate register in the form of notes in the margin of existing registrations.

The same applies to dispositions by inter vivos or testamentary deeds, subject to restitution, relating to mortgage claims.

Agreements that must be published pursuant to article 2416 shall be published in the same form.

The deeds and court decisions recording these various agreements or dispositions and the copies, extracts or expéditions filed with the service responsible for land registration with a view to the execution of the notices must contain the designation of the parties in accordance with the first paragraph of articles 5 and 6 of the decree of 4 January 1955. This designation does not have to be certified.

In addition, in the event that the modification mentioned relates only to parts of the encumbered properties, the said properties must, on pain of refusal of the deposit, be individually designated.

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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