Section 4: Supervisory body

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Article L323-14

French Intellectual Property CodeIn force

Updated 8 Nov 2023

The articles of association of collective management organisations establish a collegiate body to oversee the activities of the management, administrative and executive bodies.

This body is the supervisory board when the undertaking has one. The provisions of the second paragraph of article L. 225-68 of the French Commercial Code only apply if the General Meeting has made use of the power to delegate granted to it by article L. 323-7.

This body may only be a committee composed of directors of the Board of Directors who do not take part in the management of an organisation when the latter has adopted the form of an association whose Articles of Association do not grant the Board of Directors powers to manage the association.

It meets at least once every six months. Its role is to:

1° Monitor the activities of the management, administrative and executive bodies, in particular the implementation of decisions taken by the General Meeting, especially with regard to the general policies listed in points a to d of the fourth paragraph of Article L. 323-6;

2° Exercising the powers delegated to it by the General Meeting, in particular in the cases provided for by Article L. 323-7;

3° Issuing an opinion on refusals by the collective management organisation to requests for documents submitted by its members pursuant to Article L. 326-5.

It reports to the general meeting at least once a year on the performance of its duties.

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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