Section 2: Provisions common to protected adults

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Article 419

French Civil CodeIn force

Updated 8 Nov 2023

Persons other than the legal representative for the protection of adults carry out legal protection measures free of charge. However, the guardianship judge or the family council if it has been constituted may authorise, depending on the importance of the assets managed or the difficulty of exercising the measure, the payment of an indemnity to the person responsible for protection. It sets the amount. This indemnity is payable by the protected person.

If the judicial protection measure is exercised by a judicial agent for the protection of adults, its funding is payable in full or in part by the protected person depending on his or her resources and in accordance with the terms and conditions set out in the Code of Social Action and Families.

Where the protected person is unable to fund the measure in full, the public authorities will pay for it, in accordance with the calculation methods common to all judicial representatives for the protection of adults, taking into account the conditions under which the measure is implemented, regardless of the sources of funding. These methods are set by decree.

Exceptionally, the judge or the family council if it has been constituted may, after obtaining the opinion of the public prosecutor, allocate to the judicial representative for the protection of adults, for the performance of an act or a series of acts required by the protection measure and involving particularly long or complex diligence, an allowance in addition to the sums received under the previous two paragraphs when they prove to be manifestly insufficient. This compensation is payable by the protected person.

The mandate for future protection is exercised free of charge unless otherwise stipulated.

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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