Section 1: Scope of application

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Article L312-4

French Consumer CodeIn force

Updated 8 Nov 2023

Excluded from the scope of the provisions of this chapter are:

1° Credit transactions intended to enable the acquisition or maintenance of rights of ownership or enjoyment of land or an existing building or a building to be constructed, including where these transactions are also intended to enable repair, improvement or maintenance work to be carried out on the land or building thus acquired ;

2° Credit transactions secured by a mortgage, by another comparable security interest in residential property or by a right linked to residential property covered by the provisions of Chapter III of this Title;

3° Transactions where the total amount of credit is less than €200 or more than €75,000, with the exception of those mentioned in Article L. 314-10 whose purpose is to consolidate loans and those intended to finance expenditure relating to the repair, improvement or maintenance of a residential property or a property used for both professional and residential purposes, where the loan is not secured by a mortgage, by another comparable security interest in immovable property used for residential purposes or by a right attached to an immovable property used for residential purposes ;

4° Transactions granted in the form of an overdraft authorisation repayable within a period of one month;

5° Credit transactions with a repayment period not exceeding three months which are not subject to any interest or charges or only to interest and charges of a negligible amount;

6° Transactions mentioned in 3 of article L. 511-6 of the Monetary and Financial Code;

7° The transactions mentioned in 2 of Article L. 321-2 of the Monetary and Financial Code;

8° Contracts that are the expression of an agreement reached before a court;

9° Contracts resulting from a conventional recovery plan mentioned in Article L. 732-1 concluded before the commission de surendettement des particuliers;

10° Agreements relating to payment terms granted for the amicable settlement of an existing debt, provided that no additional costs to those stipulated in the contract are charged to the consumer;

11° Cards offering a deferred debit not exceeding forty days and incurring no costs other than the fee linked to the benefit of this means of payment.

11° Agreements relating to payment terms granted for the amicable settlement of an existing debt, provided that no additional costs to those stipulated in the contract are charged to the consumer;

11° Cards offering a deferred debit not exceeding forty days and incurring no costs other than the fee linked to the benefit of this means of payment.

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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