Subsection 3: Lists of candidates and individual applications

Articles in this section · 9

Article D1441-22-4

French Labour CodeIn force

Updated 5 Nov 2023

I. - The personal data recorded relating to the candidate presented by the trade union or professional organisation is as follows:

1° His or her surname at birth and in use, forenames, sex ;

2° Date, municipality and country of birth;

3° His nationality;

4° Current or former employee representative status;

5° His personal or professional postal and e-mail addresses;

6° Telephone number(s), fixed or mobile, business or personal;

7° The activity carried out or the last activity carried out on the date of the opening of candidacies;

8° The activity or activities carried out for two years in the ten years preceding the candidacy, or the performance of the duties of labour court councillor in the ten years preceding the candidacy, or, where the candidate is being put forward as a collaborating spouse pursuant to 2° of article L. 1441-12, his or her status as collaborating spouse for two years;

9° The industrial tribunal, college and section for which the candidate is being nominated;

10° The qualities of the candidate that justify the industrial tribunal, college and section for which he or she is being nominated;

11° A statement that he or she is not subject to any ban, disqualification or incapacity relating to his or her civic rights and that he or she is not engaged in any activity that is incompatible with the duties of an industrial tribunal member;

12° His status as a candidate and the mandate that he confers in this capacity on the representative for the appointment of labour tribunal members;

13° The name of the organisation presenting the candidate.

II. - Where the candidate is standing as a collaborating spouse, the following personal data relating to his principal is also recorded:

1° The birth name and surname, forenames and sex of the principal ;

2° The date, municipality and country of birth of the principal;

3° The nationality of the principal.

III. - The following are also recorded

1° His dematerialised identity document; if this document does not mention his nationality, another dematerialised document proving his nationality;

2° Dematerialised proof that, in the ten years preceding the candidacy, the candidate has held an industrial tribunal mandate, has been engaged in one or more professional activities for a period of two years or has held the status of collaborating spouse for an equivalent period;

3° Dematerialised proof(s) of his/her candidacy in the industrial tribunal, college and section for which he/she is being nominated;

4° If the application is submitted by the representative, the dematerialised mandate that the candidate grants to the representative for the appointment of the industrial tribunal members, as well as the certificate that the candidate is not subject to any prohibition, disqualification or incapacity relating to his/her civic rights and that he/she is not engaged in any activity that is incompatible with the duties of an industrial tribunal member;

5° The file containing the response to the request to consult the national criminal record, indicating "0" for a candidate whose bulletin no. 2 bears the word "none" and "1" for a candidate whose bulletin no. 2 bears the word "conviction", or the words "No identity applicable" or "Identity not verifiable by the service" pursuant to articles R. 77 and R. 80-1 of the Code of Criminal Procedure;

6° The status of the applicant's file and the comments made as part of the application admissibility checks.

IV. - If the candidate is applying as a collaborating spouse, the following documents are also registered:

1° The principal's dematerialised identity document; if this document does not mention nationality, another dematerialised document proving nationality ;

2° The response file concerning the principal to the request to consult the national criminal record, with the indication "0" for the applicant whose bulletin no. 2 bears the mention "none" and "1" for the applicant whose bulletin no. 2 bears the mention of a conviction, or the indication "No applicable identity" or "Identity not verifiable by the service" pursuant to articles R. 77 and R. 80-1 of the Code of Criminal Procedure;

3° The mandate given by the principal to his or her collaborating spouse;

4° Certification that the principal is not subject to any ban, disqualification or incapacity relating to his civic rights, that he is not engaged in any activity incompatible with the duties of an industrial tribunal member and that he is not a candidate himself.

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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