Section 1: Creation procedure

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Article L2113-7

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

I. - Until the next renewal following the creation of the new commune, the municipal council is composed:

1° Of all the current members of the municipal councils of the former communes, if the municipal councils of the communes concerned so decide by concordant deliberations taken before the creation of the new commune;

2° Failing this, of the mayors, deputy mayors, as well as municipal councillors of the former communes, under the conditions provided for in II of this article.

The decree of the representative of the State in the département pronouncing the creation of the new commune determines the composition of the municipal council, if necessary by allocating the seats to the members of the former municipal councils in the order of the table set out in Article L. 2121-1.

In all cases, the cumulative amount of the allowances of the members of the municipal council of the new commune may not exceed the cumulative amount of the maximum allowances to which the members of the municipal council composed under the conditions provided for in II of this article would be entitled.

II. - When 2° of I is applied, the order of the representative of the State in the département allocates a number of seats to each former commune in application of proportional representation by the highest remainder of the municipal populations. This allocation is made on the basis of a total of sixty-nine seats.

A former commune may not be allocated a number of seats greater than the number of its current municipal councillors and less than the number of its current mayor and deputy mayors.

The total number of council members may not exceed sixty-nine, except in cases where the appointment of the mayors and deputy mayors of the former communes makes it necessary to allocate additional seats.

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

Avocate au Barreau de Paris

Toque #C2396

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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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