Paragraph 1: General provisions

Articles in this section · 5

Article 713-2

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Any confiscation order shall be accompanied by a certificate drawn up by the competent authority of the issuing State comprising the following particulars:

1° The identification of the issuing State;

2° The identification of the court in the issuing State that issued the order;

3° The identity of the natural or legal persons against whom the confiscation order was issued;

4° Data making it possible to identify the property that is the subject of the confiscation order in the executing State, in particular the precise description of this property, its location and the designation of its custodian or the amount of the sum to be confiscated;

5° The grounds for the confiscation order, a description of the facts constituting the offence, the nature and legal classification of the offence on which it is based, including, where applicable, a statement that the said offence falls, under the law of the issuing State, within one of the categories of offences referred to in Article 694-32 and is punishable there by a custodial sentence of three years' imprisonment or more ;

6° A full description of the offence where it does not fall within one of the categories of offences mentioned in 5°;

7° A statement that the decision was final and is not time-barred;

8° A statement that the person subject to the confiscation order has been duly notified of the proceedings brought against him or her and the procedures and time limits for appealing;

9° Any partial enforcement of the order, including an indication of the amounts already confiscated and the sums still to be recovered;

10° The possibility of alternative penalties being applied in the issuing State and, where applicable, whether the issuing State accepts the application of such penalties, the nature of these penalties and the maximum penalty provided for each of them;

11° The signature of the judicial authority of the issuing State or that of its representative attesting to the accuracy of the information contained in the certificate.

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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