Section 5: Exercise of control

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Article L612-29-1

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

Where a professional association representing the interests of one or more categories of persons falling within the remit of the Autorité de contrôle prudentiel et de résolution or who may be subject to its supervision draws up a code of conduct in respect of marketing and customer protection intended to specify the rules applicable to its members, the Autorité shall verify its compatibility with the laws and regulations applicable to them. The association may ask the Autorité to approve all or part of the codes of conduct it has drawn up in respect of marketing and customer protection. Publication of the AMF's approval of these codes makes them applicable to all members of the association under the conditions laid down in the codes or the approval decision.

The AMF may establish the existence of good professional practice or issue recommendations defining the rules of good professional practice with regard to marketing and customer protection.

The AMF may ask one or more professional associations representing the interests of one or more categories of persons falling within its remit or who may be subject to its supervision to make proposals on these matters.

The AMF shall publish a compendium of all codes of conduct, professional rules and other observed or recommended good practices with which it ensures compliance.

The Minister responsible for the economy may ask the Autorité de contrôle prudentiel et de résolution to verify compliance with the commitments made by one or more professional associations representing their interests under the measures proposed by the Comité consultatif du secteur financier. The results of this verification are set out in a report that the AMF submits to the Minister and the Financial Sector Consultative Committee. This report shall mention, commitment by commitment, the proportion of the professionals concerned who have complied with it.

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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