Section 5 : Provisions relating to the official statement of offence and the payment notice drawn up by a motorway operator's sworn toll official

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Article A37-33

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

I.-On the reverse, entitled: "Information", appear, at the top of the document:

1° The reproduction, preceded by the mention: "The texts below are extracts, for their entirety, refer to the various codes concerned" of article L. 121-2 of the Highway Code, articles L. 130-4 (paragraph 8), L. 330-2 (paragraph 14) and L. 419-1 of this code and paragraphs 1,3,4,5,6 and 7 of Article 529-6 of the Code of Criminal Procedure;

2° The following entries:

"In accordance with articles L. 251-1 to L. 252-7 of the Internal Security Code, [identification of the operator] has video protection and IT resources intended to ensure: the management of tolls and subscriptions on the concession area, the processing of anomalies related to journeys and equipment, and the fight against toll fraud.

The information recorded is reserved for use by the internal departments of [operator identification].

In accordance with articles 39 et seq. of Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, any person may obtain communication and, where appropriate, rectification or deletion of information concerning him or her, by contacting the data controller: [name and address of data controller].

By simple written request, you may receive this information on a written medium. ";

3° The address to which the settlement or protest should be sent.

II.-At the bottom of the document, on the reverse side of the protest card, are the following words:

"Protest card.

Case 1: loan or hire of the vehicle (it is essential to attach to this stub the surname, first name, gender, date of birth, address and driving licence number of the person who drove or was likely to drive the vehicle, as well as, where applicable, a copy of the hire contract).

Case 2: theft, destruction, sale or transfer of vehicle, usurpation of number plate (it is essential to attach to this stub the receipt for lodging a complaint for theft, the copy of the receipt for taking charge of the vehicle for destruction or the copies of the declaration of transfer of the vehicle and its acknowledgement of registration in the vehicle registration system).

Case 3: other reason (you must attach your written protest to this stub together with supporting documents relating, for example, to the payment of the toll and its amount). "

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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