Chapter II: Cross-border recognition.

Articles in this section · 12

509509-1509-2509-3509-4509-5509-6509-7509-8509-9509-10509-11

Article 509-3

French Code of civil procedureIn force
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Updated 8 Nov 2023

I. - By way of derogation from Article 509-2, applications for the recognition or establishment of enforceability, on the territory of the Republic, of foreign notarial authentic instruments pursuant to:

- of Article 60 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and the acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession ;

- Article 59 of Council Regulation (EU) No 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law, recognition and enforcement of judgments in matters concerning matrimonial property regimes;

- of Article 59 of Council Regulation (EU) No 2016/1104 of 24 June 2016 implementing enhanced cooperation in the field of jurisdiction, applicable law, recognition and enforcement of judgments in matters of property effects of registered partnerships;

- of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ;

- Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations;

- the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, done at Lugano on 30 October 2007.

For the application of the aforementioned regulation of 22 December 2000, as well as the aforementioned convention of 30 October 2007, the election of domicile is made within the jurisdiction of the court of appeal where the chamber of notaries has its seat.

II. - By way of derogation from Article 509-1, the following shall be presented to the notary or to the legal person holding the notarial office keeping the original of the instrument received:

1° Requests for the purpose of certifying French notarial authentic instruments with a view to their acceptance, recognition and enforcement abroad pursuant to:

- Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims;

- Articles 59 and 60 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and the acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession ;

- Articles 58 and 59 of Council Regulation (EU) No 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law, recognition and enforcement of judgments in matters concerning matrimonial property regimes;

- Articles 58 and 59 of Council Regulation (EU) No 2016/1104 of 24 June 2016 implementing enhanced cooperation in the field of jurisdiction, applicable law, recognition and enforcement of judgments in matters of property effects of registered partnerships;

- Article 57(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

- of Article 58 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

2° Requests for the purposes of obtaining an extract from a French authentic instrument submitted pursuant to Article 48 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

III. - By way of derogation from Article 509-1, the divorce or legal separation agreement by mutual consent provided for in article 229-1 of the Civil Code applications for certification of the enforcement order with a view to its recognition and enforcement abroad pursuant to article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

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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