Paragraph 3: Bodies and operations

Articles in this section · 1

Article L5842-4

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

I. - The provisions of Section 3 of Chapter I of Title I of Book II of Part Five mentioned in the left-hand column of the table below shall apply in French Polynesia, in the wording indicated in the right-hand column of the same table, subject to the adaptations provided for in II to V.


APPLICABLE PROVISIONS

AS PROVIDED FOR IN

L. 5211-6

law no. 2015-366 of 31 March 2015

L. 5211-7 with the exception of I bis

Law no. 2018-607 of 13 July 2018
L. 5211-7Law no. 2022-217 of 21 February 2022 on differentiation, decentralisation, deconcentration and various measures to simplify local public action

L. 5211-8

law no. 2011-525 of 17 May 2011

L. 5211-9

law no. 2018-607 of 13 July 2018

L. 5211-9-1

law no. 2001-1248 of 21 December 2001

L. 5211-9-2 with the exception of the third and last two paragraphs of A of I, the first paragraph of B of I, C of I, the fifth paragraph of III, III bis, the last paragraph of IV, the second paragraph of VI and VII.

law no. 2022-217 of 21 February 2022

L. 5211-10

law no. 2012-1561 of 31 December 2012

L. 5211-10-1

law no. 2019-1461 of 27 December 2019

L. 5211-11

law no. 99-586 of 12 July 1999

L. 5211-11-1

law no. 2022-217 of 21 February 2022
L. 5211-11-2 to L. 5211-11-3law no. 2019-1461 of 27 December 2019

I bis. - For the application of Article L. 5211-6:

1° In the first paragraph, the words: "community councillors elected under the conditions set out in Title V of Book I of the Electoral Code" are replaced by the words: "delegates elected by the municipal councils of the member municipalities under the conditions set out in Article L. 2122-7";

2° The last paragraph is deleted;

II. - For the application of Article L. 5211-7 :

1° (repealed)

2° In II, the words: "by Articles L. 44 to L. 46, L. 228 to L. 237-1 and L. 239 of the Electoral Code" are replaced by the words: "insofar as they are applicable in French Polynesia."

II bis.-For the application of Article L. 5211-9-2:

1° In the first paragraph of A of I, the words: "and by derogation from L. 1311-2 and the second paragraph of Article L. 1331-1 of the Public Health Code" are deleted;

2° In the third paragraph of B of I, the words: "Article L. 541-3 of the Environment Code" are replaced by the words: "the regulations applicable locally";

3° In the last paragraph of B of I:

-after the words: "enhancement of the environment," are added the words: "under the conditions provided for in Articles L. 5842-22 and L. 5842-28 of this Code";

-the words: "Article L. 360-1 of the Environment Code" are replaced by the words: "the regulations applicable locally";

4° In III, the reference: "to A of I" is replaced by the references: "to the first, second and fourth paragraphs of A of I";

5° In the first paragraph of IV, the reference: "in B of I" is replaced by the reference: "in the second paragraph of B of I";

6° In V, the words: ", gardes champêtres recruited or made available pursuant to articles L. 522-1 and L. 522-2 of the same code" are deleted;

7° In the last paragraph of VI, the words: "in the first two paragraphs" are replaced by the words: "in the first paragraph".

II ter. - For the application of the third paragraph of I of Article L. 5211-10-1:

1° The word: "contiguous" is deleted;

2° The words: "By deliberation of their deliberative bodies, some or all of the public establishments for intercommunal cooperation with their own tax status that are members of a territorial and rural balance cluster may entrust the latter with the setting up of a joint development council, under the conditions provided for in IV of Article L. 5741-1 of this code." are deleted.

III. - For the application of article L. 5211-11, the first paragraph is completed by a sentence worded as follows:

"When the member municipalities of a public establishment for inter-municipal cooperation are scattered over several islands, the head office may be set outside the perimeter of the establishment. "

IV. - (Deleted).

V. - For the application of Article L. 5211-11-2, the words: "in Articles L. 5211-5-1 A or" are replaced by the words: "in Article".

Mariela Petrova

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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.

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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

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