Chapter III: Payment of damages and interest on confiscated property

Articles in this section · 2

Article 706-164

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Any person who, having brought a civil action, has benefited from a final decision awarding him damages and interest as compensation for the harm he has suffered as a result of a criminal offence as well as costs pursuant to articles 375 or 475-1 and who has not obtained compensation or reparation under articles 706-3 or 706-14, or recovery assistance pursuant to article 706-15-1, may obtain from the Agence de gestion et de recouvrement des avoirs saisis et confisqués (Agency for the Management and Recovery of Seized and Confiscated Assets) that these sums be paid to it by deduction from the funds or from the liquidated value of the assets of its debtor, the confiscation of which has been decided by a final decision and of which the Agency is the custodian pursuant to Articles 706-160 or 707-1.

This request for payment must, on pain of foreclosure, be sent by registered letter to the agency within two months of the day on which the decision mentioned in the first paragraph of this article became final.

In the event that there is more than one claimant creditor and there are insufficient assets to compensate them in full, payment shall be made at the race price and, in the event of claims received on the same date, at the marc per euro.

The foregoing provisions do not apply to the guarantee of claims by the State.

The State is subrogated, up to the amount of the sums paid, to the victim's rights against the perpetrator of the offence in accordance with the ranking of civil law liens and security interests.

Cases likely to give rise to this recourse action by the State are investigated by the Agency for the Management and Recovery of Seized and Confiscated Assets and then communicated to the Minister of Finance, who is responsible for recovery.

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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