Subsection 1: Application for authorisation

Articles in this section · 4

Article A752-3

French Commercial codeIn force

Updated 3 Nov 2023

I.-The form entitled "certificate of compliance" referred to in article R. 752-44-8, a model of which is shown in appendix 7-8 to this book, is dated and signed by the authorised body referred to in article L. 752-23.

The form is sent electronically by the beneficiary of the commercial authorisation to the prefecture of the département in which the premises are located.

II. II - The form comprises four sections, to be completed by the certifier:

. 1° Identification of the commercial development authorisation, with its number, date and author, whether it is a building permit equivalent to a commercial development authorisation seeking the opinion of the commercial development commission, or a decision of the commercial development commission. The nature of the project, as approved by the commercial development commission, and the address of the site where it is to be located complete the presentation;

. 2° Identification of the beneficiary of the commercial authorisation, including, in the case of a natural person, their surname, first name and postal and electronic addresses, and, in the case of a legal entity, the type of company, its name or business name and SIREN number, its postal and electronic addresses, and the surname and first name of its representative. Where there is more than one beneficiary, a separate sheet is provided;

. 3° Identification of the certification body, with its authorisation number, the type of company, its name or company name and its SIREN number, its postal and electronic addresses, and the full name of its representative;

4° Total or partial completion of the authorised commercial development. In the latter case, it is indicated whether this is the first certificate issued for the authorised project, or a subsequent certificate, mentioning, where applicable, the dates and authors of the previous certificates. An insert is provided for cases where the authorised project has already given rise to more than five certificates. The certifier will record any discrepancies noted, within the meaning of article R. 752-44-12 of the French Commercial Code, and will indicate whether any documents or supporting evidence supplied by the beneficiary of the business authorisation are attached to the certificate.

III. III - The form sets out:

1° The list of documents mentioned in article R. 752-44-1, to be attached to the certificate of conformity: for projects not requiring planning permission, the commercial development consent, to which is attached the table summarising the characteristics of the project, and proof of the date on which the beneficiary was notified of the authorisation decision; for projects requiring planning permission, the favourable opinion of the commercial development commission, the order granting the planning permission equivalent to a commercial development consent;

-The provisions of Article R. 752-44-1, to be attached to the certificate of conformity. 2° The provisions of article R. 752-20 of the French Commercial Code, on the period of validity of commercial development authorisations;

3° The provisions of the first paragraph of Article R. 752-44-9 and those of Article R. 752-44-13 relating to the procedures for sending the certificate of conformity to the prefect of the département in which the premises are located, then to the mayor of the municipality in which the premises are located and to the president of the public inter-municipal cooperation body of which the municipality in which the premises are located is a member;

4° The deadline, set in the first paragraph of Article R. 752-44-9, for sending the certificate of conformity to the prefect of the département in which the premises are located, then to the mayor of the municipality in which the premises are located and to the president of the public inter-municipal cooperation body of which the municipality in which the premises are located is a member 4° The deadline, set in article L. 752-23, of one month before the date on which the authorised commercial facility is to be opened to the public, given to the beneficiary to send the certificate of conformity to the prefect of the département in which the facility is located, failing which the commercial operation will be unlawful.

At the same time, the prefect of the département in which the facility is to be set up must be informed of any changes made to the certificate of conformity.

Mariela Petrova

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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.

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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

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