Subsection 3: Criminal penalties

Articles in this section · 4

Article L2223-35

French General Code of Local AuthoritiesIn force

Updated 8 Nov 2023

The fact of managing, in law or in fact, a public authority, company, association or establishment without the authorisation provided for in articles

L. 2223-23

,

L. 2223-41

and

L. 2223-43

or when it is suspended or withdrawn pursuant to article

L. 2223-25

is punishable by a fine of 75,000 euros.

The violation of the provisions of articles

L. 2223-31

à

L. 2223-34

is punishable by a fine of 75,000 euros.

It is punishable by five years' imprisonment and a fine of 75,000 euros to propose, directly or indirectly, offers, promises, gifts, presents or benefits of any kind to obtain from a person who, in the course of his or her professional activity, has knowledge of a death, that he or she make known to the companies or associations providing the services listed in article

L. 2223-19

the occurrence of a death or that it recommends the services of a specific company or association to the families.

It is punishable by three years' imprisonment and a fine of 45,000 euros for a person who, in the course of his or her professional activity, has knowledge of a death, to solicit or agree, directly or indirectly, to offers, promises, gifts, presents or benefits of any kind in order to make known to the companies or associations providing the services listed in article L. 2223-19 of the occurrence of a death or to recommend the services of a particular undertaking or association to families.

Natural persons guilty of one of the offences provided for in this article shall also incur the following additional penalties:

1° Disqualification from civic, civil and family rights, in accordance with the provisions of Article

131-26

of the Penal Code;

2° Prohibition, for a period of up to five years, from holding a public office or engaging in the professional or social activity in the exercise or on the occasion of the exercise of which the offence was committed;

3° Posting or broadcasting of the decision handed down, under the conditions provided for in Article

131-35

du code pénal.

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

English · French · Russian

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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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