Chapter III: General measures for the protection of business secrecy before civil or commercial courts

Articles in this section · 2

Article L153-2

French Commercial codeIn force

Updated 8 Nov 2023

Any person having access to a document or to the content of a document considered by the judge to be covered or likely to be covered by business secrecy shall be bound by an obligation of confidentiality prohibiting any use or disclosure of the information contained therein.

In the case of a legal person, the obligation provided for in the first paragraph of this article applies to its legal or statutory representatives and to the persons who represent it before the court.

The persons who have access to the document or its contents are not bound by this obligation either in their relations with each other or with regard to the legal or statutory representatives of the legal person that is a party to the proceedings.

Persons authorised to assist or represent the parties are not bound by this confidentiality obligation with regard to the parties, except in the case provided for in 1° of Article L. 153-1.


The obligation of confidentiality continues once the proceedings have ended. However, it terminates if a court decides, in a decision not subject to appeal, that there is no business secret or if the information in question has in the meantime ceased to constitute a business secret or has become easily accessible.

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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