Section 2: Control by the administrative authority

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Article D3345-5

French Labour CodeIn force

Updated 4 Nov 2023

The depositories of the agreements and regulations mentioned in Article D. 2231-5 are the Departmental Directors of Employment, Labour and Solidarity, the Departmental Directors of Employment, Labour, Solidarity and Population Protection and, in Ile-de-France, the Directors of the Departmental Units of the Regional and Interdepartmental Directorate of the Economy, Employment, Labour and Solidarity.

The administrative authority mentioned in the first paragraph issues a receipt certifying that the agreement or regulation and the other documents mentioned in this chapter have been filed.

The agreement or regulations are forwarded without delay to the competent body mentioned in articles L. 213-1 or L. 752-4 of the Social Security Code or article L. 723-3 of the Rural and Maritime Fishing Code. This body has a period of three months from the date of filing to request the withdrawal or amendment of clauses that are contrary to legal and regulatory provisions, with the exception of rules relating to the procedures for terminating and revising agreements. The three-month period only begins upon receipt of the documents mentioned in this chapter necessary to carry out this control and provided that the body has previously informed the applicant within the same period.

When the employer employs employees who are partly covered by the bodies mentioned in Articles L. 213-1 or L. 752-4 of the Social Security Code and the bodies mentioned in Article L. 723-2 of the Rural and Maritime Fishing Code, the competent body referred to in the previous paragraph is that of the scheme to which the majority of its employees are affiliated. The number of employees covered by the various schemes is calculated in accordance with the provisions of article L. 130-1 of the Social Security Code.

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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