Chapter I: Prevention of business difficulties, ad hoc mandates and conciliation procedures

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Article L611-10-1

French Commercial codeIn force

Updated 7 Nov 2023

During the period of its execution, the recorded or approved agreement suspends or prohibits all legal action and suspends or prohibits all individual proceedings against both the movable and immovable property of the debtor with the aim of obtaining payment of the claims that are the subject of the agreement; notwithstanding the provisions of Article 1343-2 of the Civil Code, interest due on such claims may not accrue. It interrupts, for the same period of time, the time limits granted to the creditors who are parties to the agreement on pain of forfeiture or resolution of the rights relating to the claims mentioned in the agreement.

If, during this same period, the debtor is put on formal notice or sued by one of the creditors called to the conciliation with the aim of obtaining payment of a claim that was not the subject of the agreement, the judge who opened the conciliation proceedings may, at the request of the debtor and after having heard, where applicable, the observations of the agent for the execution of the agreement, apply the provisions of Article 1343-5 of the Civil Code, taking into account the conditions of performance of the agreement. The provisions of this paragraph do not apply to the creditors mentioned in the third paragraph of article L. 611-7.

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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