CHAPTER II: Local semi-public companies

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Article L1862-3

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

I.-By decision of their deliberative body, the communes of French Polynesia and their groupings may acquire shares or receive, as a fee, contribution shares issued by a semi-public company created by French Polynesia pursuant to Article 29 of Organic Law no. 2004-192 of 27 February 2004 on the autonomous status of French Polynesia. The second paragraph of Article L. 1521-1 as well as articles L. 1522-1, L. 1522-4, L. 1522-5 and L. 1524-1 à L. 1524-7 of the present code are applicable to this company, insofar as one or more communes or one or more groupings of communes in French Polynesia are shareholders, subject to the adaptations provided for in II to VIII of the present article.

II.For the application of the second paragraph of Article L. 1521-1, the words: "or that the law assigns to the Lyon metropolitan authority" and the words: "or the Lyon metropolitan authority" are deleted.

III.-For the application of Article L. 1522-1, in 1°, the words: "Book II of the Commercial Code, subject to the provisions of this title" are replaced by the words: "the locally applicable Commercial Code".

IV.-For the application of Article L. 1524-1:

1° In the first paragraph, the words: "to the representative of the State in the département where the company's registered office is located" are replaced by the words: "to the head of the administrative subdivision where the company's registered office is located or to the High Commissioner of the Republic";

2° In the second paragraph, the reference: "L. 1523-2" is replaced by the reference: "L. 1862-2";

3° In the second sentence of the last paragraph, the references: ", L. 3131-2, L. 4141-2," are replaced by the word: "and" and, at the end, the references: ", L. 5421-2 and L. 5721-4" are deleted.

V.-For the application of Article L. 1524-2 :

1° In the first and second sentences of the first paragraph and in the second paragraph, the word: "regional" is replaced by the word: "territorial";

2° The last paragraph is deleted.

VI.-For the application of Article L. 1524-3, the words: "to the State representative in the département" are replaced by the words: "to the head of the administrative subdivision where the company's registered office is located or to the High Commissioner of the Republic".

VII.-For the application of article L. 1524-5 :

1° The first to eighth and last paragraphs are deleted;

2° The references to articles of the Commercial Code are replaced by references to the corresponding provisions applicable locally and, after the word: "provided for", the end of the twelfth paragraph reads: "by the provisions in force locally. ";

3° In the ninth paragraph, the words: ", departmental or regional within the meaning of Articles L. 207, L. 231 and L. 343 of the Electoral Code" are replaced by the words: "within the meaning of the Electoral Code";

4° After the word: "surveillance", the end of the penultimate paragraph is deleted.

VIII.-For the application of Article L. 1524-6, in the penultimate paragraph, the words: "the fourteenth" are replaced by the words: "the penultimate".

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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