Section 2: The bringing of a civil action and its effects

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Article 85

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Any person claiming to have been injured by a crime or offence may, by lodging a complaint, bring a civil action before the competent investigating judge pursuant to the provisions of the articles 52, 52-1 et 706-42.

However, a civil party complaint is only admissible if the person can prove either that the public prosecutor has informed him or her, following a complaint lodged with him or her or with a criminal investigation department, that he or she will not initiate proceedings, or that a period of three months has elapsed since the complaint was lodged with this magistrate, against a receipt or by registered letter with acknowledgement of receipt, or since a copy of the complaint lodged with a criminal investigation department was sent to this magistrate in the same way. This admissibility condition is not required in the case of a felony or an offence under the law of 29 July 1881 on freedom of the press or by the articles L. 86, L. 87, L. 91 to L. 100, L. 102 to L. 104, L. 106 to L. 108 and L. 113 of the Electoral Code.

By way of derogation from Article 5 of this Code, a victim who has brought an action before a civil court during the period provided for in the second paragraph may bring a civil action before the examining magistrate after having withdrawn from the civil proceedings.

Where the civil action is brought by a profit-making legal entity, it shall only be admissible if the legal entity provides evidence of its resources by attaching its balance sheet and profit and loss account.

>The civil action may be brought before the examining magistrate after having withdrawn from the civil action.

The civil action may be brought by a profit-making legal entity only if the legal entity provides evidence of its resources by attaching its balance sheet and profit and loss account.

The civil action may be brought before the examining magistrate after having withdrawn from the civil action.
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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