Subsection 3: Mandates entrusted with the execution of expenditure and the collection of revenue (articles D. 1611-32-10 to D. 1611-32-13)

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Article D1611-32-12

French General Code of Local AuthoritiesIn force

Updated 5 Nov 2023

The mandate given pursuant to Article L. 1611-7-2 shall specify in particular:

1° The nature of the transactions to which the mandate relates;

2° The duration of the mandate and the conditions under which it may be terminated;

> The powers of the agency 3° The powers of the authorised body;

4° The conditions under which the funds required for the expenditure are made available to the authorised body;

> The maximum amount of the authorised body's expenditure 5° The ceiling on the amount of the standing advance that the delegated body may have at its disposal;

6° Where the delegated body is responsible for recovering undue payments resulting from payments made, the amicable or compulsory nature of the recovery for which it is responsible and the conditions under which the sums recovered in this respect by the delegated body on behalf of the principal are repaid to the latter. Where, for the operations mentioned in the previous paragraph, the authorised body is responsible for clearing undue payments resulting from payments made, the conditions under which the authorised body:

-may grant time limits for repayment to persons who have unduly benefited from sums paid under the mandate;

-submits to the principal requests for repayment of debts;

-may submit to the principal requests for repayment of debts;

-may submit to the principal requests for repayment of debts -may submit to the principal requests to waive debts;

7° Where the authorised body is responsible for reimbursing revenue wrongly collected, the ceiling on the permanent cash fund that it may be authorised to retain for the duration of the agreement in order to carry out these operations;

8° The frequency or amount at which sums collected, less any sums retained by the agent to replenish the permanent float, must be paid back to the principal;

> 9° The remuneration, if any, to be paid to the agent for the use of the permanent float; and 9° Any remuneration to be paid to the agent and the terms of payment by the principal;

>The terms and frequency of payment by the agent and the terms of payment by the principal. 10° The procedures, frequency and deadline for the presentation of accounts;

> The controls to be carried out by the representative body 11° The controls for which the agent is responsible, in particular:

-when the authorised representative pays expenditure under the mandate or reimburses revenue wrongly collected, the same controls as those provided for in the d and e of 2° of Article 19 of Decree no. 2012-1246 of 7 November 2012 relating to public budgetary and accounting management;

-when the authorised agent collects revenue, the same controls as those provided for in 1° and, where applicable, 3° of the same article of the aforementioned decree;

-when the authorised representative recovers undue payments resulting from payments made, the same controls as those provided for in 1° of the same article of the aforementioned decree.

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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