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

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Article L613-61-2

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

I. - When consulted by the consolidated resolution authority with a view to reaching a joint decision on a group resolution scheme referred to in Article L. 613-60-2, the resolution college shall provide all the cooperation required.

II. - Where the resolution college disagrees with the group resolution scheme proposed by the resolution authority on a consolidated basis and considers, for reasons relating to financial stability, that it must take other resolution measures with regard to a person mentioned in I of Article L. 613-34, it shall notify its decision, the reasons for its disagreement and the resolution measures envisaged to the resolution authority on a consolidated basis and to the other resolution authorities concerned by the group resolution scheme. In this case, the resolution college takes into account the group's preventive resolution plans, the potential impact of the measures envisaged on the financial stability of the Member States concerned and the potential effect of these measures on other entities in the group.

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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