Paragraph 7: Transformation and merger.

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Article L5842-10

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

I. - The articles L. 5211-41 to L. 5211-41-3 are applicable in French Polynesia subject to the adaptations provided for in II, III and IV.

II. - For the application of articles L. 5211-41, L. 5211-41-1, L. 5211-41-2 and L. 5211-41-3, the words: "of the representative of the State in the department when the communes belong to the same department and by joint order of the representatives of the State in the departments concerned in the opposite case" are replaced by the words: "of the High Commissioner of the Republic".

III. - For the application of Article L. 5211-41-1:

1° In the first paragraph, the words: "or the development of an urban community and its evolution into a regional metropolis as the case may be" and: "whose eligibility for the grant provided for in the eleventh paragraph of Article L. 5211-29 has been established under the conditions set out in Article L. 5214-23-1" are deleted;

2° In the third paragraph, the words: "or Article L. 5215-22 as the case may be" are deleted.

IV. - For the application of Article L. 5211-41-3, in the last paragraph of III, the words: "in article 111 of law no. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service" are replaced by the words: "when these are collectively acquired benefits in the nature of additional remuneration that the municipalities and their public establishments have put in place and which are taken into account in the budget of the municipality or establishment".

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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