Section 3: Concerted exercise of powers

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Article D1111-5

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

The election of the representatives mentioned in article D. 1111-4 takes place by post.

The ballot papers are sent or deposited at the prefecture of the department, in accordance with the procedures laid down by the order provided for in II of Article D. 1111-3.

Each ballot paper is placed in a double envelope: the inner envelope must not bear any mention or distinctive sign; the outer envelope must bear the words: "Election of the members of the territorial conference on public action", the indication of the college to which the voter belongs, his or her name, position and signature.

The results of the election are declared by a commission chaired by the prefect or his delegate and comprising three mayors appointed by the prefect, on the proposal of the departmental association of mayors.

The commission's secretariat is provided by an agent of the prefecture.

A representative of each list may monitor the ballot counting operations.

Seats are allocated to the candidates who, in each college, have obtained a majority of votes. In the event of a tie, the election is won by the oldest candidate.

The results of the election are published by the State representative in each department. They may be contested before the administrative court within ten days of such publication by any elector, by the candidates and by the representative of the State.

Where there are no grounds for election pursuant to the eleventh paragraph of II of Article L. 1111-9-1, the State representative in the department appoints as representatives the candidates and their substitutes from the only complete list that meets the required conditions.

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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