Section 1: Enforcement of the vendor's lien and pledge of the business and purging of registered debts.

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Article L143-13

French Commercial codeIn force

Updated 8 Nov 2023

Any creditor registered on a business may, where article L. 143-11 does not apply, request that it be put up for sale by public auction, offering to pay the principal price, excluding equipment and goods, at one-tenth in addition and to give security for the payment of the prices and charges or to provide evidence of sufficient solvency.

This requisition, signed by the creditor, must, on pain of forfeiture, be served on the purchaser and the debtor who was the previous owner within a fortnight of notification, with a summons to appear before the commercial court for the location of the business, to have a ruling given, in the event of a dispute, on the validity of the higher bid, the admissibility of the surety or the solvency of the higher bidder, and to order that the business be put up for public auction together with the related equipment and goods, and that the higher bidder be required to provide his title and the deed of lease or lease transfer to the appointed public officer. The above two-week period is not subject to increase due to the distance between the domicile declared in their registrations and the actual domicile of the registered creditors.

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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