Section 1: Advisory Committee on the Financial Sector and Advisory Committee on Financial Legislation and Regulation

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Article D614-2

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - The Advisory Committee on Financial Legislation and Regulation is chaired by the Minister for the Economy or his representative. The Committee comprises seventeen other members:

1° A Member of Parliament, appointed by the President of the National Assembly ;

2° A Senator, appointed by the President of the Senate;

3° A serving member of the Conseil d'Etat, appointed on the recommendation of the Vice-President of the Conseil d'Etat;

4° The Governor of the Banque de France, Chairman of the Autorité de contrôle prudentiel et de résolution, and another member of the Autorité designated by him, or their representatives;

5° The Director of Civil Affairs and the Seal at the Ministry of Justice, or his representative;

5° bis The Director of Social Security or his representative;

6° Three representatives of credit institutions, finance companies and investment firms;

7° Three representatives of insurance companies;

8° One representative of the national trade unions representing banking, insurance and investment firm personnel;

9° One representative of customers of credit institutions, finance companies, insurance companies and investment firms;

10° Two persons chosen for their expertise.

When it examines general provisions relating to the activities of investment services providers, the Consultative Committee on Financial Legislation and Regulation also includes the Chairman of the Autorité des marchés financiers or his representative.

The members designated in 1° and 2° take part in the work of the Committee when draft Community regulations or directives or draft laws are being examined.

The members of the Committee designated in 1°, 2°, 3°, 6°, 7°, 8°, 9° and 10° and their alternates are appointed by order of the Minister for the Economy.

II. - The Advisory Committee on Financial Legislation and Regulation has a general secretariat headed by a secretary general appointed by order of the Minister for the Economy. The Secretary General is assisted by a Deputy Secretary General appointed under the same conditions.

III. - The Committee meets when convened by its Chairman. It may only deliberate on matters included on the agenda attached to the notice convening the meeting. In the event of a tie, the Chairman has the casting vote.

IV. - In the event of an emergency established by its Chairman, the Committee may decide by written consultation.

When the Committee avails itself of this option, the Chairman shall obtain the comments and opinions of the Committee members within a time limit that he shall set but which may not be less than two working days. However, if a member so requests in writing within this time limit, the Chairman shall convene a meeting of the Committee in the form and under the conditions laid down in III.

In order for the results of the written consultation to be taken into account, the opinions of at least half the members of the Committee must have been obtained within the period set by the Chairman. The Chairman shall inform the members of the Committee of the decision resulting from this consultation as soon as possible.

Opinions given by written consultation are appended to the minutes of the following meeting. The names of the members who have issued an opinion and of the members who did not take part in the consultation shall be mentioned.

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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