I: Economic regime

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Article 568 bis

French General Tax CodeIn force

Updated 7 Nov 2023

As an exception to Article 568, in the overseas departments, from 1 January 2019 only persons who are qualified traders and hold a licence granted on behalf of the department by the president of the departmental council may sell tobacco at retail. A licence is only valid for one sales outlet.

The number of licences granted per department is determined in application of general location rules laid down by decree. These rules take particular account of the number of inhabitants per commune.

This licence may not be granted for the retail sale of tobacco in a retail shop with a sales area of more than 200 square metres or in shopping arcades adjoining supermarkets or hypermarkets, excluding areas reserved for the distribution of fuel, or in a wholesale shop open to private individuals. This prohibition does not apply to tobacco retail shops set up on 1 January 2018 in shopping arcades adjoining supermarkets or hypermarkets.

The issue of this licence is subject to the payment, to the benefit of the overseas department concerned, of an annual fee, the amount of which is set by deliberation of the departmental council.

From 1 January 2019, only licensed distributors may sell manufactured tobacco to the persons mentioned in the first paragraph.

As a transitional measure, retailers who habitually sold manufactured tobacco prior to 1 January 2019 and who have not been granted a licence in respect of 2019 are authorised to continue selling to private individuals for the period strictly necessary for them to use up their stock and until 30 June 2019 at the latest.

As a transitional measure, retailers who habitually sold manufactured tobacco prior to 1 January 2019 and who have not been granted a licence in respect of 2019 are authorised to continue selling to private individuals for the period strictly necessary for them to use up their stock and until 30 June 2019 at the latest.

Mariela Petrova

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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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