Chapter II: TERMINATION OF THE RIGHT TO MAINTENANCE

Articles in this section · 6

Article L542-2

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

Updated 8 Nov 2023

Notwithstanding Article L. 542-1, the right to remain on French territory ends:
1° As soon as the French Office for the Protection of Refugees and Stateless Persons has taken the following decisions:
a) a decision of inadmissibility taken pursuant to 1° or 2° of Article L. 531-32;
b) a decision of inadmissibility pursuant to 3° of Article L. 531-32, apart from the case provided for in b of 2° of this Article;
c) a decision of rejection or inadmissibility under the conditions provided for in Article L. 753-5;
d) a rejection decision in the cases provided for in article L. 531-24 and 5° of article L. 531-27;
e) a closure decision taken pursuant to articles L. 531-37 or L. 531-38; a foreign national who obtains the reopening of his or her file pursuant to article L. 531-40 again benefits from the right to remain on French territory;
2° Where the applicant:
a) has informed the Office of the withdrawal of his/her asylum application pursuant to article L. 531-36;
b) has submitted an initial application for reconsideration, which has been declared inadmissible by the Office pursuant to 3° of Article L. 531-32, solely with a view to overturning a removal decision;
c) submits a new application for review after the final rejection of an initial application for review;
d) is the subject of a final extradition decision to a State other than their country of origin or a decision to surrender on the basis of a European arrest warrant or a request for surrender by an international criminal court.
The provisions of this article shall apply subject to compliance with the stipulations of Article 33 of the Geneva Convention of 28 July 1951, and Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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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