Section 3: Establishment in France of persons authorised to conduct voluntary sales of movable property by public auction in another Member State of the European Union or party to the Agreement on the European Economic Area

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Article A321-27

French Commercial codeIn force

Updated 4 Nov 2023

The file referred to in article R. 321-66 comprises the following parts:

1° A copy of the documents proving the identity, nationality and domicile of the applicant;

2° Certified copies of the attestations of skills, training qualifications or equivalent training qualifications or documents proving the acquired rights obtained by the applicant giving access to the activity of voluntary sales of furniture by public auction;

3° For holders of a diploma, certificate or title issued by a third country and recognised by a Member State of the European Union or party to the Agreement on the European Economic Area, a certificate issued by the competent authority of that Member State or party, certifying the duration of professional practice on its territory and the corresponding dates;

4° Proof by any means that the applicant has practised the activity of voluntary sales of furniture by public auction on a full-time or part-time basis over the last ten years, and specifying the dates of such practice, if neither access to this activity or its practice, nor the training leading to it, is regulated in the applicant's home State;

5° Any original or copy document making it possible to assess whether the applicant fulfils the conditions laid down in Article R. 321-65 of the Commercial Code as well as the detailed content of the training or course of study followed and the initial and continuing professional training received ;

6° A document from the competent authority in his home country certifying that he has not been convicted of a criminal offence for acts contrary to honour or probity or been subject to a disciplinary or administrative sanction involving removal from office, striking off the roll, revocation, withdrawal of authorisation or licence for acts of the same nature in the profession he previously practised, or a certificate less than three months old issued by the competent judicial or administrative authority and, where applicable, by a notary or professional body, stating that the person concerned has declared on oath or solemnly, if no such oath exists in that State, that he or she has not been the subject of any such convictions or sanctions.

Where applicable, the supporting documents, except those relating to the identity and nationality of the applicant, must be accompanied by a translation into French. With the exception of the documents mentioned in 1° and 5°, this translation shall be carried out by a translator registered on the national list of legal experts or on one of the lists of legal experts drawn up by the courts of appeal or by a translator authorised to work for the judicial or administrative authorities of another Member State of the European Union or a State party to the Agreement on the European Economic Area.

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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