Chapter IV: PROVISIONS APPLICABLE IN THE WALLIS AND FUTUNA ISLANDS

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Article L364-2

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 8 Nov 2023

For the application of this book in the Wallis and Futuna Islands:
1° References to the mayor of the commune and to the mayor are replaced by the reference to the district chief;
2° With the exception of articles L. 321-1 to L. 322-1 and L. 343-5, the words: "in France" are replaced by the words: "in the Wallis and Futuna Islands";
3° The references to refusal of entry to French territory are replaced by the reference to refusal of entry to the territory of the Wallis and Futuna Islands;
4° Article L. 311-1 is worded as follows:

"Art. L. 311-1 -To enter the Wallis and Futuna Islands, all foreign nationals must be in possession of:
" 1° The documents and visas required by international conventions and regulations in force;
" 2° Subject to international conventions, proof of accommodation as provided for in article L. 313-1, if required, and the other documents provided for by decree in the Conseil d'Etat relating, on the one hand, to the purpose and conditions of their stay and, on the other hand, if applicable, to their means of subsistence, the assumption of responsibility by an approved insurance company for medical and hospital expenses, including social assistance, resulting from care that they may incur in the Wallis and Futuna Islands, as well as repatriation guarantees;
" 3° Documents required for the exercise of a professional activity if he/she intends to exercise one.
" By way of derogation from the provisions of this article, foreign nationals holding a residence permit or travel document issued to minors are admitted to the Wallis and Futuna Islands solely on presentation of this permit and a travel document. ";

5° Le 2° de l'article L. 311-2, n'est pas applicable;
6° A l'article L. 312-1, the words: "in Article 6 of Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016" and the words: "by Chapters II and III of Title III of Regulation No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas" are replaced by the words: "by the international conventions and regulations in force";
7° In Article L. 312-2:
a) The references to Articles L. 421-9 to L. 421-11, L. 421-15, L. 421-16, L. 421-23 and L. 421-24 are deleted;
b) The article is supplemented by a paragraph worded as follows:
"The Territorial Assembly of the Wallis and Futuna Islands shall be consulted prior to the issue of the visa referred to in this article, provided that it confers on its holder the rights attached to a residence permit. To this end, communications, transmissions and notifications between the consular authorities and the services of the High Administrator of the Wallis and Futuna Islands may be carried out electronically, in accordance with the procedures laid down by decree in the Council of State. "
8° In Article L. 312-4, the reference to Article L. 426-5 is deleted;
9° In Article L. 312-6, the fourth paragraph reads as follows: 3° Persons who, after consultation with the Territorial Council, may be considered likely to render, through their abilities or talents, significant services to the Wallis and Futuna Islands, or who propose to carry out disinterested activities there. ";
10° In Article L. 313-1, the words: ", and constitutes the document provided for by the convention signed in Schengen on 19 June 1990 to justify the conditions of residence in the case of a family or private visit" are deleted;
11° Article L. 313-2 reads as follows:

"Art. L. 313-2 -The hosting certificate, signed by the host and accompanied by the supporting documents determined by decree of the Conseil d'Etat, is presented to the district chief for validation.
"It is accompanied by the host's undertaking to pay, throughout the period of validity of the visa, and in the event that the foreign national being hosted does not provide for it, the costs of the latter's stay in the Wallis and Futuna Islands, limited to the amount of resources required from the foreign national for entry into the Wallis and Futuna Islands in the absence of a hosting attestation. ";

12° Article L. 313-4 reads as follows:

"Art. L. 313-4-At the request of the head of the district, specially authorised agents from the departments of the higher administrator of the Wallis and Futuna Islands responsible for social affairs or housing may carry out on-site checks. The officers authorised to carry out these checks may only enter the accommodation provider's home after ensuring that they have the provider's written consent. If the host refuses, the normal housing conditions are deemed not to have been met. ";

13° In Article L. 331-2, the words: "external borders" and the words: "in Chapter II of Title II of Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016" are replaced respectively by the words: "borders" and by the words: "by the international conventions and regulations in force";
14° A paragraph is added to Article L. 341-2 as follows: 16° In Article L. 342-4, the words "twelve days", "eight days", "last six days" and "six days" are replaced by the words "eighteen days", "ten days", "last four days" and "four days" respectively;
17° In Article L. 342-5, the words: "within twenty-four hours of its referral or, where the needs of the investigation so require, within forty-eight hours thereof" are deleted;
18° Article L. 342-6 reads as follows:

"Art. L. 342-6 -The liberty and custody judge rules at the seat of the court of first instance. However, if a courtroom allocated to the Ministry of Justice allowing him to rule in public has been specially set up on the port or airport premises, he shall rule in this room. "If necessary, the president of the court of first instance may decide to hold a second hearing at the seat of the court of first instance, on the same day as the one held in the specially equipped room. "

19° Article L. 342-12 is completed by the following paragraph:
"By decision of the first president of the court of appeal or his delegate, on a proposal from the senior administrator in the Wallis and Futuna Islands, the hearing may take place with the use of audiovisual telecommunication means under the conditions provided for in Article L. 342-7. "20° In Article L. 343-1, the words: "outside France" are replaced by the words: "outside the territory of the Wallis and Futuna Islands"; 21° In Articles L. 343-5, L. 343-7 and L. 343-8, after the words: "mentioned in Article L. 7111-6 of the Labour Code" are inserted the words: "or recognised as journalists under the provisions having the same purpose applicable in the community"; 22° 1° of Article L. 351-1 does not apply;
23° 1° of Article L. 352-1 does not apply;
24° In Article L. 352-2, the words: "Except where the examination of the asylum application falls within the jurisdiction of another State" are deleted;
25° In Article L. 352-4, the words: "and, where applicable, a transfer decision referred to in Article L. 572-1" are deleted;
26° In Article L. 352-8, the words: "and, where applicable, the transfer decision cannot be enforced" are replaced by the words: "cannot be enforced";
27° In Article L. 352-9, the words: "and, where applicable, the transfer decision are annulled" are replaced by the words: "is annulled" and the words: "and, where applicable, the transfer decision which have not been contested" are replaced by the words: "which has not been contested".

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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