Paragraph 2: Provisions concerning the companies mentioned in 1° of Article L. 111-52 and Article L. 111-67 of the Energy Code

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Article D2224-40

French General Code of Local AuthoritiesIn force

Updated 5 Nov 2023

The financial elements linked to the operation of the concession include the methods and calculation elements used to determine income and expenses as well as:

1° In respect of the mission to develop and operate public electricity distribution networks:

a) The income headings linked to the current operation of the concession:

- revenue from transmission resulting from the application of the network usage tariff mentioned in article L. 341-2 du code de l'énergie, by type of end user according to voltage range and maximum power subscribed: HTA, LV with a power rating of more than 36 kVA, LV with a power rating of less than 36 kVA;

- revenue from connections, ancillary services and other revenue;

- stored and capitalised production;

- write-backs of depreciation, distinguishing between write-backs of depreciation of financing from the concession grantor and other types of write-backs, as well as write-backs of provisions, distinguishing between write-backs of provisions for renewal and write-backs of other categories of provisions;

- total other operating income;

b) Headings for expenses related to the current operation of the concession:

- operating expenses track purchases, including the cost of access to the upstream network and coverage of losses, personnel expenses, tax and duty charges, central expenses and other expenses;

- depreciation, amortisation and provisions show depreciation, amortisation and provisions for concession assets, with a distinction being made between depreciation of assets financed by the concession operator and depreciation of assets financed by the concession granting authority and third parties, other depreciation, provisions for concession assets and other operating provisions;

2° In respect of the task of supplying at regulated sales tariffs and established with regard to the quantities invoiced during the year to concession customers benefiting from these tariffs:

- sales;

- commercial costs, established, for concession customers, on the basis of national costs for the year in question corresponding to those communicated by the regulated sales tariff supplier to the Energy Regulation Commission.

The headings mentioned in a and b of 1° are presented in the form of a table that uses the items in an income statement and mentions exceptional income and expenses.

For mainland France, the information is communicated for concession customers connected to the public electricity distribution networks benefiting from the regulated "blue" sales tariff mentioned in the article R. 337-18 of the Energy Code.

The information mentioned in 1° and 2° is accompanied by a presentation of the outlook for changes in the concessionaire's main income and expenditure headings within the tariff framework in force.

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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