Subsection 2: General provisions

Articles in this section · 1

Article L774-28

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-Subject to the provisions of II and III, the articles listed in the left-hand column of the table below shall apply in French Polynesia, in the wording indicated in the right-hand column of the same table:

Applicable articlesIn the wording resulting from
L. 531-1 Ordinance no. 2017-1107 of 22 June 2017
L. 531-2 with the exception of c), n) and o) of its 2°.Ordinance no. 2021-1652 of 15 December 2021
L. 531-4 Order no. 2021-796 of 23 June 2021
L. 531-5 Law no. 2003-706 of 1 August 2003
L. 531-6 Order no. 2016-827 of 23 June 2016
L. 531-7 Order no. 2021-796 of 23 June 2021
L. 531-8 Order no. 2000-1223 of 14 December 2000
L. 531-10 Order no. 2016-827 of 23 June 2016
L. 531-11 Order no. 2017-1107 of 22 June 2017
L. 531-12Law no. 2022-401 of 21 March 2022

II.-For the application of I:

1° In Article L. 531-2 :

a) The words "but without being able to claim the benefit of the provisions of Articles L. 532-16 to L. 532-27" are deleted;

b) In j) of 2°, the words "in the provision of investment services or banking activities within the meaning of Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013," are replaced by the words "in the provision of investment services or banking activities mentioned in a) of 1° of Article L. 722-2, commercial information, the receipt of deposits and other repayable funds and the rental of safe deposit boxes";

2° The references to the units mentioned inArticle L. 229-7 of the Environmental Code are not applicable.

III - For the application of the articles mentioned in the table above :

1° In article L. 531-2, the words: "but without being able to claim the benefit of the provisions of articles L. 532-16 to L. 532-27" are deleted;

2° The references to Article 4 of Delegated Regulation (EU) 2017/565 are deleted ;

3° In Article L. 531-10, the words "or a person referred to in Article L. 532-18 or Article L. 532-18-1" are deleted.

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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