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Article L5741-1

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

I. - The territorial and rural balance cluster is a public establishment formed by agreement between several public establishments of inter-municipal cooperation with their own tax status and, where applicable, a new commune mentioned in the first and second paragraphs of article L. 2113-9 , within a perimeter that is continuous and without enclaves. A public establishment for intercommunal cooperation with its own tax status may not belong to more than one cluster for territorial and rural balance.

The creation of the cluster for territorial and rural balance is decided by concordant deliberations of the deliberative bodies of the public establishments for intercommunal cooperation with their own tax status. It is approved by decree of the State representative in the department where the draft statutes of the cluster establish its headquarters.

I bis. - When, pursuant to I of article L. 2113-5, a new commune is substituted for a public establishment for intercommunal cooperation with its own tax status which is a member of a territorial and rural balance cluster, the new commune may remain a member of this cluster, where applicable, until it joins a public establishment for intercommunal cooperation with its own tax status under the conditions set out in Article L. 2113-9. For the application of this chapter, the municipal council of the new commune exercises the powers conferred on the deliberative body of the public establishment for inter-communal cooperation which is a member of the cluster.

II. - The territorial and rural balance cluster is subject to the rules applicable to the mixed syndicates provided for in article L. 5711-1, subject to this article.

The procedures for distributing the seats on its trade union council between the public establishments for inter-municipal cooperation with their own tax status that make it up take into account the demographic weight of each of the members. Each public inter-municipal cooperation body with its own tax status has at least one seat and no one of them may have more than half of the seats.

III. - A conference of mayors brings together the mayors of the municipalities located within the perimeter of the territorial and rural balance cluster. Each mayor may be replaced by a councillor appointed for this purpose.

The conference is consulted in particular during the preparation, modification and revision of the territorial project. It meets at least once a year.

IV. - A territorial development council brings together representatives of the economic, social, cultural, educational, scientific and associative players in the territorial and rural balance cluster.

It is consulted on the main guidelines of the cluster's union committee and may give its opinion or be consulted on any issue of territorial interest. The annual activity report drawn up by the development council is debated by the trade union council of the territorial and rural balance cluster.

The operating procedures of the development council are determined by the statutes of the territorial and rural balance cluster.

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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