Chapter V: Public body responsible for adult vocational training

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Article L5315-7

French Labour CodeIn force

Updated 6 Nov 2023

The assets of the public institution are part of its private domain. They may be freely managed and disposed of under the conditions of ordinary law.

When an asset belonging to the public establishment is necessary for the proper performance of its public service missions or for the development of these missions, the State may oppose the disposal of this asset by transfer or contribution in any form whatsoever, or the creation of a security interest in this asset, or make the transfer, contribution or creation of the security interest subject to the condition that it is not likely to prejudice the performance of these missions. Any transfer, contribution or creation of a security interest carried out without the State having been given the opportunity to object, in breach of its objection or in disregard of the conditions set for the completion of the transaction, is automatically null and void.

Proceeds from the sale of real estate assets transferred to the public institution, mentioned in the order provided for inArticle 2 of Order no. 2016-1519 of 10 November 2016 , are reserved exclusively for the financing of investments intended for the performance of the public service mission provided for in 4° of Article L. 5315-1 or, failing that, allocated to the State budget.

The same applies to proceeds from the sale of real estate assets financed by reinvesting the proceeds from the sale of the assets referred to in the third paragraph.

However, proceeds from the realisation of security interests over the assets referred to in the third paragraph are allocated to the creditors.

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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