Section 6: Administrative police measures

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Article L612-32

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

The Autorité de contrôle prudentiel et de résolution may require any person subject to its supervision to submit for its approval, within twelve months for Class 2 and Class 3 investment firms, a recovery plan including all appropriate measures to restore or strengthen its financial or liquidity position, improve its management methods or ensure that its organisation is appropriate to its activities or development objectives, in particular where the information received or requested by the Authority for the purposes of the supervision is such as to establish that the person is likely, within a period of twelve months, to fail to comply with the obligations laid down in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 or, as the case may be, in Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019, or in a provision of Title I or Title III of Book V or of a regulation adopted for its implementation, or in any other legislative or regulatory provision, failure to comply with which entails failure to comply with the aforementioned provisions. The Authority may require such person to submit for its approval any changes made to the programme during its implementation, in particular as regards its scope and the time limit for its implementation.

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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