Section 1: Publicity and entry into force

Articles in this section · 5

Article L2131-1

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

I.-The acts adopted by the municipal authorities are enforceable by operation of law as soon as they have been brought to the attention of the interested parties in accordance with the conditions laid down in the present article and, for the acts mentioned in article L. 2131-2, as soon as they have been transmitted to the representative of the State in the department or to his delegate in the arrondissement as provided for by this article.


The mayor may, under his responsibility, certify the enforceability of an act.


The mayor may, under his responsibility, certify the enforceability of an act as soon as it has been brought to the attention of the interested parties in accordance with the conditions laid down in the present article. The mayor may, under his own responsibility, certify the enforceability of an act.


II. II -Individual decisions taken by municipal authorities are notified to the persons concerned.


III -Regulatory acts and decisions taken by municipal authorities are notified to the persons concerned. III -Regulatory acts and decisions of neither a regulatory nor an individual nature are published in electronic form, under conditions laid down by decree in the Council of State, such as to guarantee their authenticity and to ensure that they are made available to the public permanently and free of charge.


IV -In derogation of the provisions of Article 4 of the Code of Civil Procedure. IV - By way of derogation from the provisions of III, in municipalities with less than 3,500 inhabitants, regulatory acts and decisions that are neither regulatory nor individual are made public:


Either by posting 1° Either by posting;


or 2° Either by publication on paper, under conditions set by decree in the Council of State;


> or 3° Or by publication in electronic form, in accordance with the conditions set out in III.


The municipal council chooses the method of advertising applicable in the municipality. It may change this choice at any time. In the absence of a deliberation on this point, the provisions of III are applicable.


In the event of the creation of a commune of 3,500 inhabitants or more by the merger of communes, none of which exceeded this threshold, the municipal council of the new commune has the option of making the choice provided for in this IV for a period of six months from the publication of the prefectoral decree creating the new commune. At the end of this period, the provisions of III apply. V.-In the event of an emergency, an act which, by virtue of the provisions of III or IV, must be published by electronic means or on paper comes into force as soon as it has been posted and, if it is subject to the provisions of article L. 2131-2, sent to the representative of the State in the department or to his delegate in the arrondissement.


In the event of an emergency, an act which, by virtue of the provisions of III or IV, must be published by electronic means or on paper comes into force as soon as it has been posted and, if it is subject to the provisions of article L. 2131-2, sent to the representative of the State in the department or to his delegate in the arrondissement. However, the normally required publication is carried out as soon as possible, and this is the only way in which the period for appealing against the decision can start to run.


VI. VI - When a person requests a paper copy of a document published in electronic form, the mayor will provide it. The mayor is not obliged to comply with requests that are unreasonable, particularly in terms of their number or their repetitive or systematic nature.


VI.
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

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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