Section 6: Liability and protection of elected representatives

Articles in this section · 2

L2123-34L2123-35

Article L2123-35

French General Code of Local AuthoritiesIn force
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Updated 8 Nov 2023

The mayor or the elected municipal representatives deputising for him or having received a delegation benefit, on the occasion of their duties, from protection organised by the municipality in accordance with the rules laid down by the penal code, special laws and the present code.

The municipality is obliged to protect the mayor or the elected municipal representatives deputising for him or having received a delegation against violence, threats or insults of which they may be victims on the occasion or as a result of their duties and to compensate, where appropriate, any damage resulting therefrom.

The protection provided for in the previous two paragraphs is extended to the spouses, children and direct ascendants of mayors or elected municipal representatives deputising for them or who have been delegated where, as a result of the latter's duties, they are the victims of threats, violence, assault, insults, defamation or insult.

It may be granted, at their request, to the spouses, children and direct ascendants of mayors or municipal councillors deputising for them or having been delegated, who have died in the performance of their duties or as a result of their duties, on account of the acts at the origin of the death or for acts committed subsequent to the death but as a result of the duties performed by the deceased councillor.

The municipality is subrogated to the rights of the victim to obtain from the perpetrators of these offences the restitution of the sums paid to the councillor concerned. It also has a direct action for the same purposes that it may bring, if necessary by bringing a civil action, before the criminal court.

The commune is obliged to take out, in an insurance contract, a guarantee to cover legal advice, psychological assistance and the costs that result from the obligation to protect the mayor and the elected representatives mentioned in the second paragraph of this article. In municipalities with fewer than 3,500 inhabitants, the amount paid by the municipality for this subscription is offset by the State under the conditions set out in article L. 2335-1 of this code.

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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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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