Chapter VI: Managing agents.

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Article L146-1

French Commercial codeIn force

Updated 8 Nov 2023

Natural or legal persons who manage a business or a craft business in return for payment of a commission proportional to sales are referred to as "agent-managers" when the contract concluded with the principal, on whose behalf, or as part of a network, they manage the business, who remains the owner and bears the risks associated with its operation, sets them a mission, leaving them free, within the framework thus drawn up, to determine their working conditions, to hire staff and to substitute replacements in their activity at their own expense and under their full responsibility.

The assignment specifies, where applicable, the standards of management and operation of the business to be complied with and the terms and conditions of any controls that may be carried out by the principal. These commercial clauses do not alter the nature of the contract.

The manager-agent is registered in the Trade and Companies Register and, where applicable, in the National Register of Companies as a business in the trades and crafts sector. The contract is mentioned in these registers and is published in a medium authorised to receive legal notices.

The provisions of this chapter do not apply to professions governed by Chapter II of Title VIII of Book VII of the code du travail.

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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