Chapter II: The company during the observation period.

Articles in this section · 36

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Article L622-6

French Commercial codeIn force
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Updated 7 Nov 2023

As soon as the proceedings are opened, an inventory is drawn up of the debtor's assets, which constitute the pledge of his professional creditors, as well as the guarantees that encumber him. This inventory, which is given to the administrator and the judicial representative, is completed by the debtor by mentioning the assets he holds that are likely to be claimed by a third party. The debtor-entrepreneur shall also list any assets held in connection with the business for which the proceedings have been opened that are included in another of his assets and which he may request to be repossessed under the conditions set out in Article L. 624-19.

The debtor shall provide the administrator and the mandataire judiciaire, for the purposes of carrying out their mandate, with a list of his creditors, the amount of his debts and the main contracts in progress. He shall inform them of the proceedings in progress to which he is a party.

The administrator or, if none has been appointed, the judicial representative may, notwithstanding any legislative or regulatory provision to the contrary, obtain communication from public administrations and bodies, provident and social security organisations, credit institutions, finance companies, electronic money institutions, payment institutions as well as services responsible for centralising banking risks and payment incidents, of information likely to give him accurate information on the debtor's asset situation.

Where the debtor exercises a liberal profession subject to a legislative or regulatory status or whose title is protected, the inventory is drawn up in the presence of a representative of the professional association or competent authority to which, where applicable, the debtor is subject. In no case may the inventory infringe professional secrecy if the debtor is subject to it.

The absence of an inventory does not prevent the exercise of actions for revendication or restitution.

A decree in the Conseil d'Etat sets the conditions for the application of this article.

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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