Subsection 4: Capping of certain fees

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Article A444-175

French Commercial codeIn force

Updated 4 Nov 2023

For the application of article R. 444-9, the notary shall calculate the sum of the fees set by sub-sections 1 and 2 of this section, relating respectively to the deed of transfer of immovable property and the formalities associated with its completion, from which he shall deduct, where applicable, the discounts he has granted under the conditions set out in Article A. 444-174.

If the sum mentioned in the previous paragraph exceeds 10% of the value of the property or right that is the subject of the transfer, the total fees received by the notary in respect of this transfer are capped at this amount, but may not be less than €90.

The details of the emoluments and discounts referred to in the first paragraph, as well as the amount of the capping applied pursuant to the second paragraph, are entered, under the name of the debtor client, in the register of document costs provided for by the article 18 du décret n° 45-0117 du 19 décembre 1945 pris pour l'application du statut du notariat.

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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