Chapter II: PROVISIONS SPECIFIC TO NEW CALEDONIA

Articles in this section · 3

Article L732-3

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-The provisions of the articles mentioned in the left-hand column of the table below, in the wording indicated in the right-hand column of the same table, shall apply in New Caledonia, subject to the adaptation provisions provided for in II and III:

Applicable articlesIn the wording resulting from
L. 133-1 to L. 133-2Act no. 2018-700 of 3 August 2018
L. 133-3 and L. 133-4Order no. 2017-1252 of 9 August 2017
L. 133-5 Order no. 2009-866 of 15 July 2009
L. 133-6 to L. 133-8Order no. 2017-1252 of 9 August 2017
L. 133-9 Order no. 2009-866 of 15 July 2009
L. 133-10 Act no. 2018-700 of 3 August 2018
L. 133-11 Order no. 2017-1252 of 9 August 2017
L. 133-12 Order no. 2009-866 of 15 July 2009
L. 133-13, L. 133-14, except for b) of 1, to L. 133-17 Order no. 2017-1252 of 9 August 2017
L. 133-17-1 Law no. 2018-700 of 3 August 2018
L. 133-18 Law no. 2022-1158 of 16 August 2022
L. 133-19Order no. 2017-1252 of 9 August 2017
L. 133-20 Order no. 2009-866 of 15 July 2009
L. 133-21 and L. 133-22 Act no. 2018-700 of 3 August 2018
L. 133-22-1 to L. 133-25-1Order no. 2017-1252 of 9 August 2017
L. 133-25-2 Order no. 2009-866 of 15 July 2009
L. 133-26 and L. 133-27Order no. 2017-1252 of 9 August 2017
L. 133-28 Law no. 2018-700 of 3 August 2018
L. 133-29 to L. 133-38Act no. 2013-100 of 28 January 2013
L. 133-39 to L. 133-41Act no. 2018-700 of 3 August 2018
L. 133-42 to L. 133-44Order no. 2017-1252 of 9 August 2017
L. 133-45law no. 2018-700 of 3 August 2018

II.-For the application of I, references to the delegated act adopted pursuant to Article 98.1 of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 referred to above shall not apply.
III.-For the application of the articles mentioned in the table above:
1° In Article L. 133-1, II, III and IV are replaced by the following provisions:
II.-The provisions of this chapter apply if the payee's payment service provider and the payer's payment service provider are located in the territory of the French Republic and the transaction is carried out in euros or CFP francs.
III.With the exception of Articles L. 133-11 to L. 133-13 and II of Article L. 133-14, the provisions of this chapter apply if the payee's payment service provider and the payer's payment service provider are located, one in France, Saint Pierre-et-Miquelon, New Caledonia, French Polynesia or the Wallis and Futuna Islands or abroad, and the other in France, Saint Pierre and Miquelon, New Caledonia, French Polynesia, the Wallis and Futuna Islands or abroad, and the transaction is carried out in a currency other than the euro or Pacific franc, for the parts of the payment transaction carried out in France and abroad.
IV.With the exception of Article L. 133-11, I of Article L. 133-13, Article L. 133-22, Articles L. 133-25 to L. 133-25-2 and Article L. 133-27, the provisions of this chapter apply if only the payee's payment service provider or the payer's payment service provider are located in France, Saint Pierre-et-Miquelon, New Caledonia, French Polynesia or the Wallis and Futuna Islands or abroad, and the transaction is carried out in a currency other than the euro or the Pacific franc, as regards the parts of the payment transaction that are carried out in France and abroad. ;
2° In Article L. 133-1-1:
a) In I, after the words: Saint-Barthélemy , the words : New Caledonia, French Polynesia or the Wallis and Futuna Islands;
b) II is worded as follows:
II.-The provisions of I also apply if the payer's payment service provider is located in France, Saint Pierre et Miquelon, New Caledonia, French Polynesia or the Wallis and Futuna Islands or abroad, and the payee's payment service provider is located abroad, regardless of the currency used for the payment transaction;
3° In Article L. 133-4 h, the words: and those it controls within the meaning ofArticle L. 233-16 of the French Commercial Code or establishments within the meaning of Articles 4, 5, 6 and 7 of Delegated Regulation (EU) No 241/2014 of the European Commission are replaced by the words: and by the undertakings or establishments that it controls exclusively or jointly, within the meaning of the provisions applicable locally in commercial matters;
4° In Article L. 133-12, the first paragraph is replaced by the following provisions:
Without prejudice to the provisions of Article L. 133-1, the provisions of this section apply to payment transactions carried out in CFP francs;
5° In I of Article L. 133-13, the words: at the end of the first business day are replaced by the words: at the end of the fourth business day;
6° In the penultimate paragraph of I of Article L. 133-14, the words: in the overseas departments, in the Department of Mayotte, in Saint-Martin, in Saint-Barthélemy or in Saint-Pierre-et-Miquelon are replaced by the words: in Guadeloupe, in French Guiana, in Martinique, in La Réunion, in Mayotte, in Saint-Martin, in Saint-Barthélemy, in Saint-Pierre-et-Miquelon, in New Caledonia, in French Polynesia or in the Wallis and Futuna Islands;
7° In Articles L. 133-17-1 and L. 133-18, references to the Institut d'émission d'outre-mer are added to references to the Banque de France;
8° Au II de l'article L. 133-22, les mots: au II de l'article L. 133-13 sont remplacés par les mots: au I de l'article L. 133-13;
9° In Article L. 133-25-1, the words: referred to in Article 1 of Regulation (EU) No 260/2012 are deleted;
10° In Article L. 133-26, the words: within the meaning of Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 are deleted.

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

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