Section 1: Publicity and entry into force

Articles in this section · 5

Article L2131-2

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

I.- The following shall be sent to the representative of the State in the département or to his delegate in the arrondissement, under the conditions set out in II:

1° The deliberations of the town council or decisions taken by delegation of the town council pursuant to article L. 2122-22 with the exception of:

a) Deliberations relating to road and parking fee tariffs, the classification, downgrading, establishment of alignment and levelling plans, the opening, straightening and widening of communal roads;

b) Deliberations relating to promotion rates for the advancement of grade of civil servants, affiliation or disaffiliation to management centres as well as agreements relating to additional missions of an optional nature entrusted to management centres.

2° Regulatory and individual decisions taken by the mayor in the exercise of his police powers. However, the following are excluded:

those relating to traffic and parking, with the exception of sanctions taken pursuant to article L. 2212-2-1;

-those relating to the operation, by associations, of public houses for the duration of the public events they are organising;

3° Acts of a regulatory nature taken by communal authorities in all other areas that fall within their jurisdiction pursuant to the law ;

4° Agreements relating to loans, contracts and framework agreements with a value at least equal to a threshold defined by decree, partnership contracts as well as concession contracts, including public service delegations, and development concessions ;

5° Individual decisions relating to the appointment, recruitment, including the employment contract, and dismissal of non-tenured staff, with the exception of those taken to meet a need linked to a temporary or seasonal increase in activity, pursuant to 1° and 2° of article 3 of law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service ;

6° The building permit and other land use authorisations and the planning certificate issued by the mayor or the president of the public establishment for inter-communal cooperation, when it has been granted competence under the conditions provided for in articles L. 422-1 and L. 422-3 of the town planning code;

7° Requisition orders issued by the mayor to the accountant;

8° Decisions relating to the exercise of public authority prerogatives, taken by local semi-public companies on behalf of a municipality or a public establishment for inter-municipal cooperation.

II.- The transmission provided for in I may be carried out electronically, in accordance with the procedures laid down by decree in the Conseil d'Etat. For municipalities with more than 50,000 inhabitants, this transmission is carried out using these methods. Individual decisions are transmitted within fifteen days of their signature. Proof of receipt of documents by the representative of the State in the department or his delegate in the district may be provided by any means. The acknowledgement of receipt, which is issued immediately, may be used for this purpose but is not a condition of the enforceability of the acts.

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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