Paragraph 3: Resolution of groups for which the collège de résolution is an individual resolution authority

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Article L613-61-1

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - When it decides that a person referred to in I of Article L. 613-34 which is a subsidiary of a group within the meaning of I of Article L. 511-20 meets the conditions for initiating resolution proceedings referred to in II of Article L. 613-49 or, where applicable, those referred to in I and II of Article L. 613-49-1, the resolution college shall send, without delay, to the relevant consolidated resolution authority, to the members of the relevant college of resolution authorities and to the authority responsible for supervision on a consolidated basis:

1° The decision establishing that the person meets the conditions for the opening of a resolution procedure ;

2° The resolution measures or the measures taken in application of Book VI of the Commercial Code that the college of resolution intends to implement.

II. - When the consolidated resolution authority informs it, after consulting the other members of the college of resolution authorities, that in its opinion the measures provided for in 2° of I are not such as to place a group entity located in another Member State under the conditions for triggering resolution proceedings, the college of resolution may implement these measures.

Where the consolidating resolution authority informs the resolution board that these measures could have the effect of placing another entity of the group under the conditions for triggering resolution proceedings, the resolution board shall cooperate with the college of resolution authorities with a view to arriving at a group resolution scheme.

In the absence of an assessment or proposal by the resolution authority on a consolidated basis for a resolution plan within twenty-four hours of notification of the measures referred to in 2° of I of this article, which may be extended pursuant to the second paragraph of Article L. 613-60, the resolution college may implement these 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

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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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