Chapter X: Digital asset service providers

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Article D54-10-6

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

To obtain the authorisation referred to in Article L. 54-10-5, applicants must send the AMF a complete file containing the following information:

I.-General information, in particular:

1° Its name or corporate name and corporate form, the address of its place of business and the contact details of the contact point designated by the applicant;

2° A list of the digital asset services for which authorisation is being sought and, where applicable, the services that will be provided without authorisation;

3° A copy of the company's incorporation documents and, where applicable, the unique identification number.

II - For digital asset service providers mentioned in 3° to 5° of Article L. 54-10-5, the information referred to in Article D. 54-10-2.

III -The identity of direct and indirect shareholders, whether natural persons or legal entities, who hold at least 10% of the capital or voting rights, or any other possibility of exercising a significant influence on the management of this company, as well as the amount of their shareholding.

IV.Financial information, in particular :

1° Information on the applicant's financial situation at individual level and, where applicable, at consolidated and sub-consolidated level, including forecast data such as projected accounting plans for the first three financial years, the planning assumptions used for the above-mentioned forecasts and explanations of the figures, including the number and type of anticipated customers, the expected volume of transactions and orders, and, where applicable, forecast calculations of capital requirements ;

2° For companies already in business, the regulatory financial statements, at individual and, where applicable, consolidated and sub-consolidated level for the last three financial years, approved, where audited, by a statutory auditor, including the balance sheet, income statement, annual reports and financial annexes and, where applicable, a report by the statutory auditor covering the last three years or the period since the start of business.

V.-In application of 1° of I of article L. 54-10-5, an insurance certificate and the professional indemnity insurance policy taken out or any other means of ensuring that the applicant has the required level of equity capital.

VI - For the services referred to in 1° to 5° of Article L. 54-10-2, information concerning the organisation of the service provider and its programme of operations, the content of which is specified in the General Regulation of the Autorité des marchés financiers.

VII - For the service referred to in 4° of Article L. 54-10-2, the operating rules of the digital asset trading platform.

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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