Chapter II: Provisions relating to the freezing of assets and the prohibition on making assets available to third parties

Articles in this section · 17

Article L562-4-1

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I.-The persons referred to in Article L. 561-2 shall put in place an organisation and internal procedures for the implementation of the measures for freezing assets and prohibiting the making available or use of funds or economic resources provided for in this chapter, in Articles L. 712-4 and L. 712-10 and by the European regulations on restrictive measures taken pursuant to Articles 75 or 215 of the Treaty on the Functioning of the European Union, as well as the prohibition of circumvention of these measures. They shall ensure that these provisions are applied in their branches established outside national territory.

II - The parent undertaking of a group within the meaning of Article L. 561-33 established in France shall define, at group level, an organisation and procedures for implementing the measures for freezing assets and prohibiting the provision or use of funds or economic resources referred to in I. This organisation and these procedures shall be implemented by the parent undertaking. This organisation and these procedures are implemented by the entities of the group mentioned in Article L. 561-2 established in France as well as by their branches abroad or any other form of free establishment.

III - The persons and parent undertakings of a group mentioned in I and II respectively shall also implement internal control measures to ensure compliance with the obligations relating to the freezing of assets.

A Conseil d'Etat decree shall specify the conditions for application of this article.

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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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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