Subsection 3: Conditions for admission to the profession

Articles in this section · 1

Article L774-29

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-Subject to the provisions of II, 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:

Articles applicableIn the wording resulting from
L. 532-1 Law no. 2023-171 of 9 March 2023 containing various provisions adapting to European Union law in the fields of the economy, health, labour, transport and agriculture
L. 532-2 Order no. 2021-796 of 23 June 2021
L. 532-3, L. 532-3-1, L. 532-4 Order no. 2017-1107 of 22 June 2017
L. 532-6 Order no. 2021-796 of 23 June 2021
L. 532-7 and L. 532-8 Order no. 2017-1107 of 22 June 2017
L. 532-9 with the exception of 4°, 5° and 6° of its VAct no. 2019-486 of 22 May 2019
L. 532-9-1 Order no. 2017-1107 of 22 June 2017
L. 532-10 to L. 532-12Order no. 2017-1107 of 22 June 2017
L. 532-13 Order no. 2007-544 of 12 April 2007
L. 532-14 and L. 532-15 law no. 2013-672 of 26 July 2013
L. 532-28 Act no. 2019-486 of 22 May 2019
L. 532-29 Act no. 2016-1691 of 9 December 2016
L. 532-30 to L. 532-32, I of L. 532-34, I of L. 532-36, L. 532-41 and L. 532-45 with the exception of 1° thereofOrder no. 2013-676 of 25 July 2013
L. 532-47 and L. 532-48 Law no. 2019-486 of 22 May 2019
L. 532-49 Order no. 2016-827 of 23 June 2016
L. 532-50 Order no. 2021-1735 of 22 December 2021
L. 532-51 Ordinance no. 2021-796 of 23 June 2021
L. 532-52 Act no. 2019-486 of 22 May 2019
L. 532-53Order no. 2021-796 of 23 June 2021

II.-For the application of I:

1° In Article L. 532-1 :

a) In the second sentence of the last paragraph of I, the words: "either have been authorised in another Member State of the European Union or party to the Agreement on the European Economic Area, or are not governed by the law of one of these States" are replaced by the words: "have been authorised in a State other than France" ;

b) (Repealed) ;

c) (Repealed) ;

d) (Repealed);
2° In articles L. 532-6 and L. 532-11, the words: By way of derogation from the provisions of 4° and 5° of article 1844-7 of the Civil Code are deleted;
3° In article L. 532-30, the first two paragraphs are worded as follows:
An AIF manager established in a third country wishing to manage AIFs in French Polynesia or to market in French Polynesia the units or shares of AIFs it manages must first obtain authorisation from the Autorité des marchés financiers.
An AIF established in a third country, which has not globally delegated its management and which wishes to market its units or shares in French Polynesia shall apply the provisions relating to managers;
4° In Article L. 532-31, the words: marketed in the European Union are deleted;
5° In Article L. 532-32, the first paragraph reads as follows:
The manager referred to in Article L. 532-20 shall have a legal representative in France. All official correspondence between the competent authorities and the AIFM and between the unitholders or shareholders of the AIF concerned, in accordance with this section, shall take place through this legal representative;
6° The first paragraph of Article L. 532-34 reads as follows:
After receiving the application for authorisation referred to in Article L. 532-30, the Autorité des marchés financiers shall examine whether the application complies with the criteria laid down by decree of the Conseil d'Etat.
If the Autorité des marchés financiers considers that the criteria for authorisation of the AIFM are not met, it shall refuse the application for authorisation in a reasoned decision.
7° Article L. 532-41 reads as follows:
Any dispute arising between the Autorité des marchés financiers and the AIFM established in a third country referred to in Article L. 532-30 shall be subject to the jurisdiction of the French courts;
8° In Article L. 532-45, the words: at the request of the European Securities and Markets Authority are deleted;
9° In Article L. 532-46, the references to Articles L. 214-24-1, L. 532-21-3 and L. 532-25-1 are deleted;
10° In Articles L. 532-48 and L. 532-49, the words: in mainland France, Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte and Saint-Martin are replaced by the words: in France;
11° In Article L. 532-48, the reference to European Union law is replaced by the reference to French law;
12° In II of Article L. 532-50, the reference: L. 420-18 is replaced by the reference: L. 420-17 .

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

Avocate au Barreau de Paris

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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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