Subsection 3: Inspections and investigations

Articles in this section · 10

Article L621-9-2

French Monetary and Financial CodeIn force

Updated 7 Nov 2023

In accordance with the conditions laid down by decree in the Conseil d'Etat, the Autorité des marchés financiers may :

1° Delegate to market undertakings and, where applicable, to clearing houses the supervision of the activity and transactions carried out by members of a regulated market and by investment services providers that have transmitted orders to that market. This delegation is the subject of a memorandum of understanding. It may be withdrawn at any time;

2° To have recourse, for its controls and investigations, to external control bodies, to statutory auditors, to experts registered on a list of legal experts or to competent persons or authorities. Such persons may receive remuneration from the Autorité des marchés financiers for such services;

3° Delegate control of their members' activities to the associations referred to in Article L. 541-4 . Such delegation shall be the subject of a memorandum of understanding and may be withdrawn at any time.

The Board or the Secretary General of the AMF may ask the statutory auditors of companies whose financial securities are admitted to trading on a trading platform, or for which an application for admission to trading on such platforms has been submitted, or an expert registered on a list of court-appointed experts, to carry out any additional analysis or analysis of the persons or entities whose financial securities are admitted to trading on a trading platform, or for which an application for admission to trading on such platforms has been submitted, and of the persons mentioned in II of Article L. 621-9 for any additional analysis or verification they deem necessary. The costs and fees shall be borne by the Autorité des marchés financiers. The provisions of this paragraph also apply to statutory auditors carrying out assignments in connection with public offerings, with the exception of those mentioned in 1° or 2° of Article L. 411-2 or in Article L. 411-2-1.

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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