Section 3: Customer due diligence obligations

Articles in this section · 18

Article L561-12

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

Subject to more stringent provisions, the persons referred to in Article L. 561-2 shall keep, for a period of five years from the closure of their accounts or the termination of their relations with them, the documents and information, in whatever medium, relating to their business relations or occasional customers, as well as the due diligence measures implemented. They shall also keep, within the limits of their remit, for a period of five years from the date of execution, in any medium, the documents and information relating to the transactions carried out by them, as well as the documents recording the characteristics of the transactions referred to in Article L. 561-10-2.

Without prejudice to the obligations mentioned in the first paragraph of this Article, the persons mentioned in 1°, 1° ter and 1° quater of Article L. 561-2 shall collect the information and technical data relating to the activation, loading and use of electronic money by means of a physical medium and shall keep them for a period of five years from the execution of these operations.

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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