Paragraph 4: Accounting and prudential provisions

Articles in this section · 1

Article L774-5

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I.-The provisions of the articles mentioned in the left-hand column of the following table shall apply in French Polynesia, subject to the provisions of II, in the wording indicated in the right-hand column of the same table:

Applicable articlesIn the wording resulting from
L. 511-35 Ordinance no. 2020-1142 of 16 September 2020
L. 511-36 Order no. 2013-544 of 27 June 2013
L. 511-37 Order 2017-1107 of 22 June 2017
L. 511-38 with the exception of the last sentenceOrder 2014-158 of 20 February 2014
L. 511-39 Order no. 2015-558 of 21 May 2015
L. 511-41 Law no. 2022-401 of 21 March 2022
L. 511-41-1 AOrdinance no. 2021-796 of 23 June 2021
L. 511-41-1 B and L. 511 41 1 COrdinance no. 2020-1635 of 21 December 2020
L. 511-41-1 with the exception of the second paragraph and L. 511-41-2 Ordinance no. 2014-158 of 20 February 2014
L. 511-41-3 to L. 511-41-5Order no. 2021-796 of 23 June 2021
L. 511-42, with the exception of its second paragraphOrder 2014-1332 of 6 November 2014
L. 511-43 Order no. 2000-1223 of 14 December 2000
L. 511-44 to L. 511-49Order no. 2021-796 of 23 June 2021
L. 511-50 Law no. 2023-171 of 9 March 2023 containing various provisions for adapting to European Union law in the fields of the economy, health, labour, transport and agriculture
L. 511-50-1Order no. 2014-158 of 20 February 2014

II.-For the application of I:
1° In Article L. 511-36, the words: regulation of the European Commission are replaced by the words: order of the Minister responsible for the economy;
2° In Articles L. 511-41-B and L. 511-41-1 C, the words: mentioned in Article 84 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 are replaced by the words: defined by an order of the Minister responsible for the economy;
3° In Article L. 511-41-1, in the last paragraph, after the first occurrence of the words: equivalent consolidated supervision the remainder of the paragraph shall not apply;
4° In 2° of II of Article L. 511-41-3, the words: and by Chapter 2 of Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 are deleted;
5° In Article L. 511-41-5, in 6° of II, the references to Articles L. 613-20-4, L. 613-21-3 and L. 613-21-4 are deleted;
6° In Article L. 511-42, after the words: of the Autorité de contrôle prudentiel et de résolution , the words: and of the Institut d'émission d'outre-mer are added;
7° In I of Article L. 511-45, the words: within the meaning ofArticle 238-0 A of the General Tax Code are replaced by: defined by order of the Minister of Finance;
8° In Article L. 511-48, in 1° of II, the words: taxable underArticle 235 ter ZD bis of the General Tax Code are replaced by the words: constituted by the habitual sending of orders, using an automated processing system, characterised by the sending, modification or cancellation of successive orders for a given security, separated by a period of less than one second.

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

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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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