a: Provisions common to inheritances and gifts

Articles in this section · 11

Article 786

French General Tax CodeIn force

Updated 7 Nov 2023

For the levying of transfer duties free of charge, no account shall be taken of the family relationship resulting from simple adoption.

This provision does not apply to transfers falling within the scope of the first paragraph of Article 368-1 of the Civil Code, as well as to those made in favour of :

1° Children from a first marriage of the adopter's spouse;

2° Wards of the State, the Nation or the Republic as well as orphans of a parent who died for France;

3° Adoptees who were minors at the time of the adopter's death or adoptees who were minors at the time of the donation granted by the adopter and who, for at least five years, have received uninterrupted help and care from the latter by way of continuous and main care ;

3° bis Adoptees of full age who, either during their minority and for at least five years, or during their minority and their majority and for at least ten years, will have received from the adopter uninterrupted help and care by way of continuous and principal care ;

4° Adoptees whose adopter or adopters have lost all their descendants in the direct line, having died for France;

5° Adoptees whose family ties with the natural family have been declared severed by the court hearing the adoption application, under the regime prior to the entry into force of the loi n° 66-500 du 11 juillet 1966 ;

6° Inheritors in the direct descending line of the persons referred to in 1° to 5°;

7° Adoptees, former political deportees or children of deportees who have no natural family in the direct line.

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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