Section 1: General provisions

Articles in this section · 3

Article 427

French Civil CodeIn force

Updated 8 Nov 2023

The person responsible for the protective measure may not close any accounts or passbooks opened in the name of the protected person before the measure was pronounced. Nor may he or she open another account or passbook with a new institution authorised to receive funds from the public.

The guardianship judge or the family council if it has been constituted may, however, authorise him or her to do so if the interests of the protected person so require.

An account is opened in the name of the protected person with the Caisse des dépôts et consignations by the person responsible for protection if the judge or the family council if it has been constituted deems it necessary.

When the protected person does not hold an account or passbook, the person responsible for the protective measure opens one for him or her.

Bank collection, payment and asset management transactions carried out in the name of and on behalf of the protected person are carried out exclusively through accounts opened in the protected person's name.

Fruit, proceeds and capital gains generated by funds and securities belonging to the protected person accrue exclusively to the protected person.

If the protected person has been banned from issuing cheques, the person responsible for the protective measure may nevertheless, with the authorisation of the judge or the family council if it has been formed, operate under his signature the accounts held by the protected person and have all the usual means of payment.

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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