Section 6: Administrative police measures

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Article L612-35-1

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I.-Police measures ordered by the Autorité de contrôle prudentiel et de résolution shall be published in the official register of the authority when they concern breaches of:

1° the rules intended to ensure customer protection with regard to the marketing of structured deposits;

2° the rules provided for in Sections 2 and 3 of Chapter III of Title I of Book V relating to the issuance, respectively, of obligations foncières and housing finance bonds.

II.- Such measures shall, however, be published anonymously in the following cases: 1° when a prior assessment based on information provided by the person concerned shows that publication of the measure in question would cause prejudice to that person.However, such measures shall be published anonymously in the following cases:

1° Where a prior assessment based on information provided by the interested party shows that publication of the measure in question would cause disproportionate harm to that party;

2° Where publication on a non-anonymous basis would jeopardise the stability of the financial markets or an ongoing criminal investigation.

Where the situations mentioned above are likely to cease to exist within a short period, the AMF Board may decide to defer publication for that period.

The costs shall be borne by the persons subject to the police measures.

Mariela Petrova

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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

English · French · Russian

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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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