TITLE V: Powers of investigation.

Articles in this section · 13

Article D450-3

French Commercial codeIn force

Updated 5 Nov 2023

I.-The Minister responsible for the economy shall inform the General Rapporteur of the Competition Authority of any investigations he wishes to undertake into facts likely to fall within the scope of Articles L. 420-1, L. 420-2 and L. 420-5. It sends the documents in its possession justifying the launch of an investigation.

The rapporteur general may take charge of these investigations within one month of receiving the aforementioned documents, in which case he will inform the minister. In the event that the general rapporteur rules out this possibility or has not informed the minister of the action taken within thirty-five days of receiving the documents, the minister responsible for the economy may have the investigations carried out by his departments.

II.-The Minister responsible for the economy will inform the general rapporteur of the Autorité de la concurrence of the results of the investigations he has commissioned and will send him all the documents relating to the proceedings.

The rapporteur general may propose that the Autorité de la concurrence take up the results of the investigation on its own initiative; the Autorité has two months from the date of receipt of the documents by the rapporteur general to take a decision. In the event that the General Rapporteur rules out this possibility or if the Authority does not act on his proposal within the aforementioned period, the General Rapporteur shall inform the Minister.If the General Rapporteur fails to notify the Minister of the Authority's decision within sixty-five days of the transmission of the procedural documents, the Minister responsible for the economy may take the measures provided for in Articles L. 462-5 and L. 464-9, or close the case.

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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