Section 2: Seller's lien.

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Article L141-15

French Commercial codeIn force

Updated 8 Nov 2023

In the event of opposition to the payment of the price, the seller may, in any event, after the expiry of the ten-day period, appeal to the president of the court in summary proceedings in order to obtain authorisation to collect his price despite the opposition, on condition that he pays to the Caisse des dépôts et consignations, or to a third party appointed for this purpose, a sufficient sum, set by the judge in summary proceedings, to meet any grounds for opposition in the event that he recognises himself or is found to be a debtor. The deposit thus ordered is allocated specifically, in the hands of the third party holder, to guarantee the debts for which the stop payment has been made and a lien exclusive of any other is granted over the said deposit, without, however, resulting in a judicial transfer in favour of the objector or objectors in question with regard to the seller's other objecting creditors, if any. Once the summary proceedings order has been executed, the purchaser is discharged and the effects of the opposition are transferred to the third party holder.

The summary proceedings judge will only grant the authorisation requested if he is satisfied by a formal declaration from the purchaser in question, made under his personal responsibility and of which it is noted, that there are no opposing creditors other than those against whom the proceedings are being taken. The purchaser, by executing the order, is not released from his price with regard to other opposing creditors prior to the said order if there are any.

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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