Section 6a : Inventory of fixtures, rental charges and taxes

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Article L145-40-2

French Commercial codeIn force

Updated 8 Nov 2023

Every rental contract includes a precise and restrictive inventory of the categories of charges, taxes and fees relating to this lease, including an indication of how they are divided between the lessor and the lessee. This inventory gives rise to an annual summary statement sent by the lessor to the lessee within a period set by regulation. During the course of the lease, the lessor shall inform the lessee of any new charges, taxes and fees.

When the lease is concluded, and every three years thereafter, the lessor shall provide each lessee with:

1° A forecast statement of the works it plans to carry out over the following three years, together with a forecast budget;

2° A summary statement of the works it has carried out over the previous three years, specifying their cost.

In a property complex with several tenants, the rental contract specifies the distribution of charges or the cost of works between the various tenants occupying this complex. This breakdown is based on the surface area used. The amount of taxes, duties and fees that may be charged to the tenant corresponds strictly to the premises occupied by each tenant and to the share of the common areas required for the operation of the leased property. During the course of the lease, the lessor is required to inform the lessees of any factor likely to alter the apportionment of charges between lessees.

A Conseil d'Etat decree sets out the terms and conditions for the application of this article. It specifies the charges, taxes and fees which, due to their nature, cannot be charged to the tenant and the procedures for informing tenants.

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

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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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