Section 2: Jurisdiction specific to certain commercial courts

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Article L721-8

French Commercial codeIn force

Updated 7 Nov 2023

Specifically designated commercial courts hear, where the debtor is engaged in a commercial or craft activity:

1° Safeguard, receivership and compulsory liquidation proceedings referred to in Book VI, where the debtor is:

a) A company with 250 or more employees and net sales of at least €20 million;

b) A company with net sales of at least €40 million;

c) A company that owns or controls another company, within the meaning of Articles L. 233-1 et L. 233-3, provided that the number of employees of all the companies concerned is equal to or greater than 250 and that the net turnover of all these companies is at least 20 million euros;

d) A company which owns or controls another company, within the meaning of Articles L. 233-1 and L. 233-3, provided that the net turnover of all these companies together is at least 40 million euros ;

2° Main insolvency proceedings opened in respect of a debtor that has an establishment on the territory of another Member State, secondary insolvency proceedings or territorial insolvency proceedings within the meaning of Article 3 of Regulation (EU) No 2015/848 of 20 May 2015 on insolvency proceedings, as well as proceedings brought pursuant to Section 2 of Chapter II of Title IX of Book VI ;

3° Proceedings for the opening of which the international jurisdiction of the court results from the presence within its jurisdiction of the debtor's main centre of interests;

4° The conciliation procedure provided for in Title I of Book VI, upon direct referral by the debtor, at the request of the public prosecutor or by decision of the president of the commercial court, where the debtor is an undertaking or a group of companies meeting the conditions provided for in a to d of 1°.

The specialised commercial court with jurisdiction for the application of c and d of the same 1° and 4° of this Article is the court within whose jurisdiction the company that owns or controls another company within the meaning of Articles L. 233-1 and L. 233-3 is located.

For the application of 2° of this Article, the specialised commercial court with jurisdiction for the opening of the main insolvency proceedings is the court within whose jurisdiction the debtor's centre of main interests is located. The specialised commercial court with jurisdiction to open secondary proceedings or territorial proceedings is that in whose jurisdiction an establishment of the debtor within the meaning of point 10 of Article 2 of Regulation (EU) No 2015/848 referred to above is located.

A decree, issued after consulting the Conseil national des tribunaux de commerce, shall determine the list of specialised commercial courts. This decree determines the jurisdiction of these courts, taking into account employment areas and economic activity areas.

The president of the commercial court within whose jurisdiction the company has interests or a judge delegated by him sits ex officio on the competent specialised commercial court.

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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