3°: Securities, sums or assets on deposit. Amounts due as a result of death. Obligations of depositaries or debtors

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Article 806

French General Tax CodeIn force

Updated 7 Nov 2023

I. - Public administrations, any establishments or bodies subject to the control of the administrative authority, companies or firms, investment service providers other than portfolio management companies, money changers, bankers, discounters, public or ministerial officers or business agents who are custodians, holders or debtors of securities, sums or assets dependent on an estate which they know to be open must send, either before payment, remittance or transfer, or within fifteen days of these operations, to the competent authority of the State of their department of residence, a list of these securities, sums or assets.

II. - These lists are drawn up on forms made available by the tax department.

III. - Insurance companies, societies, funds or organisations and all other French insurers, as well as the establishments, agencies and branches in France of foreign companies, societies, funds, organisations or insurers, may not be released from any sums, annuities or emoluments owed by them, by reason of or on the occasion of the death of the insured to any beneficiary domiciled in France or abroad, unless on presentation of a certificate issued free of charge by the competent public accountant and stating either that the death transfer tax has been paid or that it is not due.

They may, however, at the written request of the beneficiaries, pay all or part of the sums owed by them in discharge of death transfer tax to the tax department where the declaration of inheritance is to be filed.

The provisions of this III do not apply when all the sums, annuities or emoluments of any kind owed by one or more insurers, by reason of or on the occasion of the death of the insured, do not exceed €7,600 and accrue to successors in the direct line who do not have a de facto or de jure domicile abroad. This measure is subject to the condition that the beneficiary of the insurance submits a written request containing a declaration that the total of said compensation does not exceed €7,600.

This III does not apply to sums, annuities or emoluments of any kind owed to the surviving spouse or the surviving partner under a civil solidarity pact, or to those owed to an organisation exempt from gratuitous transfer duties pursuant to the provisions of article 795.

IV. - The organisations mentioned in I of article 990 I may not be released from any sums, annuities or values owed by them, due to the death of the insured, to any beneficiary until they have declared to the tax authorities the unwinding referred to in I of l'article 1649 ter.

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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