Paragraph 1: Common provisions

Articles in this section · 3

Article L613-41-1

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - Notwithstanding any provision or stipulation to the contrary, the general meeting of any of the persons referred to in I of Article L. 613-34 may delegate to the competent body its authority to decide to issue Tier 1 capital instruments in proportions sufficient to facilitate the implementation of the measures provided for in sub-sections 9 and 10 of this section taken in respect of them or one of their subsidiaries.

This General Meeting sets the period, which may not exceed twenty-six months, during which this authorisation may be used and the overall ceiling for this issue.

This authorisation supersedes any previous authorisation having the same purpose.

Within the limits of the authorisation granted by the General Meeting, the competent body shall have the necessary powers to set the terms and conditions of the issue, record the completion of the resulting capital increases and amend the Articles of Association accordingly.

II. - When it draws up or updates a preventive resolution plan, the resolution college may require the persons mentioned above to hold the authorisation referred to in I. It shall ensure that this authorisation is sufficient to cover the sum of the amounts mentioned in 2° and 3° of III of Article L. 613-55-4.

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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