Chapter I: Markets of national interest

Articles in this section · 11

Article L761-5

French Commercial codeIn force

Updated 7 Nov 2023

Within the perimeter mentioned in article L. 761-4, plans to set up or extend premises or groups of premises intended to receive, for the purposes of non-retail sales, products on the list defined by order of the supervisory ministers, with a sales area devoted to these products of more than 1,000 square metres, are subject to authorisation by the administrative authority under the conditions defined in article L. 761-7.

The authorisation provided for in the first paragraph is automatically granted when the market does not have the necessary surface area to allow the proposed establishment or extension.

The authorisation system provided for in this article does not apply to the premises of producers and producer groups for products that come from holdings located within the reference perimeter.

No later than 31 December 2012, an assessment of the organisation of markets of national interest, focusing in particular on the implementation and effectiveness of the reference perimeters with regard to the objectives pursued, shall be presented to Parliament by the competent administrative authority in order to determine whether or not there are grounds for maintaining this system or for changing it with effect from 1 January 2013. The preparation of this assessment shall involve in particular the public establishments and inter-professional organisations concerned.

The conditions for application of this article shall be laid down by decree in the Conseil d'Etat.

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

English · French · Russian

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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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