Section 3: Customer due diligence obligations

Articles in this section · 18

Article L561-8

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - When a person referred to in Article L. 561-2 is unable to meet the obligations laid down in Article L. 561-5 or Article L. 561-5-1, it shall not carry out any transaction, whatever the terms and conditions thereof, nor establish or continue any business relationship and may transmit the report provided for in Article L. 561-15 under the conditions laid down in that Article. If the declaration has already been drawn up pursuant to IV of Article L. 561-5, it shall terminate the relationship and the declaration provided for in Article L. 561-15 shall be made in accordance with the conditions laid down in that Article.

The persons mentioned in 12° to 13° of Article L. 561-2 are not subject to the provisions of the first paragraph when their activity relates to legal proceedings, including advice on how to initiate or avoid such proceedings, and when they provide legal advice.

II. - I also applies when a credit institution has been designated by the Banque de France on the basis of Article L. 312-1 and the institution has been unable to meet one of the obligations set out in Article L. 561-5 or Article L. 561-5-1.

III. - A Conseil d'Etat decree specifies the procedures for applying I when the conclusion or termination of the contract terminated in application of this article is governed by specific legislative provisions.

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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