CHAPTER I: General provisions

Articles in this section · 4

Article L3211-2

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

The departmental council may delegate some of its powers to the standing committee, with the exception of those referred to in articles L. 3312-1 et L. 1612-12 to L. 1612-15. It may modify the list of powers thus delegated during its term of office.

Within the limits it has set, the departmental council may also delegate to its president the power:

1° To carry out borrowings to finance the investments provided for in the budget, and to carry out financial transactions useful for managing borrowings, including interest rate and exchange rate hedging transactions, and to pass the necessary acts to this end;

2° To carry out lines of credit on the basis of a maximum amount authorised by the Departmental Council;

3° To take the decisions referred to in III of Article L. 1618-2 and in a of article L. 2221-5-1, subject to the provisions of c of the same article;

4° To determine and modify the allocation of the local authority's properties used by its public services;

5° To set, within the limits determined by the deliberative assembly, the rates for road tolls, temporary deposits on roads and other public places and, in general, for duties provided for the benefit of the local authority which are not of a fiscal nature.

6° To set, within the limits determined by the deliberative assembly, the rates for road tolls, temporary deposits on roads and other public places and, in general, for duties provided for the benefit of the local authority which are not of a fiscal nature;

6° To decide on the conclusion and revision of leases of goods for a term not exceeding twelve years;

7° To accept compensation for claims relating to insurance contracts;

8° To create, modify or abolish the accounting departments necessary for the operation of the local authority's services;

9° To accept gifts and legacies that are not subject to conditions or charges, without prejudice to the provisions of Article L. 3221-10 which allow it to do so as a precautionary measure, whatever the conditions and charges;

10° To decide on the disposal by mutual agreement of movable property up to €4,600;

11° Without prejudice to the provisions of Article L. 3213-2, to set, within the limits of the estimate of the tax authorities (domaines), the amount of the local authority's offers to be notified to the expropriated parties and to respond to their requests;

12° To set the resumption of alignments in application of a town planning document;

13° To allocate or withdraw scholarships maintained on departmental funds;

14° To take the decisions mentioned in articles L. 523-4 and L. 523-5 of the French Heritage Code relating to the carrying out of preventive archaeological diagnoses prescribed for development operations or works on the territory of the department and to conclude the agreement provided for in article L. 523-7 of the same code;

15° To authorise, on behalf of the department, the renewal of membership of associations of which it is a member;

16° To apply to the State or other local authorities, under the conditions set by the departmental council, for the allocation of grants;

17° To proceed, within the limits set by the departmental council, with the submission of applications for planning permission relating to the demolition, conversion or erection of departmental property;

18° To write off the revenue vouchers, or certain categories of them, presented by the public accountant, each of these vouchers corresponding to an irrecoverable debt of an amount lower than a threshold set by deliberation of the departmental council, which may not be higher than a threshold set by decree. This same decree specifies the procedures according to which the chairman reports to the departmental council on the exercise of this delegation;

19° To authorise the special mandates that the members of the departmental council may be required to exercise in the context of their duties, as well as the reimbursement of related expenses provided for in the fourth and penultimate paragraphs of article L. 3123-19 of the present code.

The chairman informs the council of the acts taken in the context of these delegations.

Delegations granted in application of 1° of the present article end as soon as the election campaign for the renewal of the departmental council begins.

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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