Section 1: Scope of application.

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Article L145-1

French Commercial codeIn force

Updated 8 Nov 2023

I. - The provisions of this chapter apply to leases of buildings or premises in which a business is operated, whether or not the business belongs either to a trader or industrialist registered in the Trade and Companies Register, or to the head of a company in the trades and crafts sector registered in the National Register of Companies, whether or not performing commercial acts, and in addition:

1° To leases of premises or buildings ancillary to the operation of a business when their deprivation is such as to compromise the operation of the business and they belong to the owner of the premises or building where the main establishment is located. If there is more than one owner, the ancillary premises must have been leased in full view of the lessor with a view to the joint use;

2° To leases of bare land on which have been built - either before or after the lease - buildings for commercial, industrial or craft use, provided that these buildings have been erected or operated with the express consent of the owner.

II. - If the business is operated under a management lease pursuant to Chapter IV of this Title, the owner of the business nevertheless benefits from these provisions without having to provide proof of registration in the Trade and Companies Register or the National Register of Companies as a business in the trades and crafts sector.

III. - If the lease is granted to several lessees or joint tenants, the operator of the business or craft business benefits from the provisions of this chapter, even if his joint lessees or joint tenants who do not operate the business are not registered in the Trade and Companies Register or in the National Register of Companies as a business in the trade and craft sector.

In the event of the death of the leaseholder, these same provisions apply to his heirs or successors who, although not operating a business or craft business, apply to maintain their successor's registration for the purposes of his succession.

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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