Subsection 2: General rules governing UCITS

Articles in this section · 18

Article L214-8-7

French Monetary and Financial CodeIn force

Updated 8 Nov 2023

The redemption by the fund of its units and the issue of new units may be temporarily suspended by the management company when exceptional circumstances so require and if the interests of the unitholders or the public so dictate, under conditions laid down in the fund regulations.

In the same circumstances, when the disposal of certain assets would not be in the interests of the unitholders, the other assets may be transferred to a new fund. The demerger is decided by the management company. Notwithstanding article L. 214-15, it is not subject to approval by the Autorité des marchés financiers, but must be notified to it without delay. Each unitholder receives a number of units in the new fund equal to that held in the old fund. The old fund is liquidated as soon as the assets have been transferred. The conditions for the application of this paragraph shall be defined by decree.

The General Regulations of the Autorité des marchés financiers shall determine the other cases in which the fund rules provide, where applicable, for the issue of units to be suspended, in whole or in part, temporarily or permanently.

They also lay down the cases in which and the conditions under which the fund rules may provide for the redemption of units to be capped on a provisional basis when exceptional circumstances so require and if the interests of unitholders or the public so dictate.

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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