Chapter I: Commencement of proceedings.

Articles in this section · 13

Article L621-2

French Commercial codeIn force

Updated 7 Nov 2023

The competent court is the commercial court if the debtor carries on a commercial or craft activity. The judicial court has jurisdiction in other cases.

At the request of the administrator, the judicial representative, the debtor or the public prosecutor, the proceedings opened may be extended to one or more other persons in the event of confusion of their assets with those of the debtor or the fictitious nature of the legal entity.

Under the same conditions, one or more other assets of the debtor may be combined with the assets covered by the proceedings, in the event of confusion with the latter. The same applies where the debtor has committed a serious breach of the obligations set out in Article L. 526-13 or fraud against a creditor holding a general lien on the assets covered by the proceedings.

For the application of the second and third paragraphs of this article, the president of the court may order any useful protective measure with regard to the assets of the defendant to the action mentioned in these same paragraphs, at the request of the administrator, the judicial representative, the public prosecutor or ex officio.

The court that opened the initial proceedings remains competent for these requests. Where the debtor subject to the initial proceedings or the debtor covered by the extension exercises a liberal profession subject to a legislative or regulatory statute or whose title is protected, the court shall rule in chambers after hearing or duly calling the professional order or competent authority to which, where applicable, the debtor is subject.

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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