Preliminary chapter: General provisions

Articles in this section · 5

Article 322-0 bis

French Customs CodeIn force

Updated 8 Nov 2023

Where this Code provides for summonses, reports or any other documents, or copies thereof, to be delivered or sent by customs officers, such delivery may be made by electronic means, provided that the person concerned has given his prior consent by means of an express declaration obtained during the procedure. This agreement specifies the method of electronic communication accepted by the person concerned. A written record of this transmission shall be kept during the procedure. The conditions set out in this paragraph do not apply to transmissions to the judicial authority.

Where provision is made for such transmissions to be made by registered letter, the technical procedures used must enable the date of dispatch to be established with certainty. Where provision is made for these items to be sent by registered letter with acknowledgement of receipt, the technical procedures used must also make it possible to establish the date of receipt by the addressee.

These transmission procedures must, in accordance with the procedures laid down by order of the Minister responsible for customs, guarantee the reliable identification of the parties to the electronic communication, the integrity of the documents sent, the security and confidentiality of the exchanges and the safekeeping of the transmissions made.

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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