Section 3: Miscellaneous provisions.

Articles in this section · 11

Article L814-10-1

French Commercial codeIn force

Updated 7 Nov 2023

I.-The persons designated under the conditions provided for in III of article L. 812-2 are placed under the supervision of the Public Prosecutor and are subject, for this professional activity, to inspections by the public authorities during which they are required to provide all useful information or documents without being able to invoke professional secrecy.

The organisation and procedures for these inspections are determined by decree in the Conseil d'Etat.

II.-They are subject to supervision of this professional activity. This supervision is entrusted to the national council mentioned in article L. 814-2. They are required, without being able to invoke professional secrecy, to comply with requests from the persons responsible for the audit to provide any useful information or documents.

The organisation and procedures for this inspection shall be determined by decree of the Conseil d'Etat.

III.-They are required to appoint a statutory auditor to audit their special accounts and, in this capacity, to carry out an ongoing audit of all funds, bills, securities and other assets belonging to third parties that they hold by virtue of a mandate received in the performance of their duties.

For the purposes of the audit provided for in the previous paragraph, the statutory auditors may also have access to the general accounts of the office, to the procedures entrusted to them and be provided by them or by the third parties holding the funds, notwithstanding any provision to the contrary, with any information that may be useful for their audit.

They shall inform the authorities entrusted with the supervision, inspection and control of the persons mentioned in III of Article L. 812-2 of the results of their mission and report any anomalies or irregularities of which they become aware during the performance of their mission, in accordance with the conditions laid down by decree of the Conseil d'Etat.

They are also required to comply with requests from the persons responsible for the control or inspection to disclose any information gathered or any document drawn up in the course of their duties, without being able to invoke professional secrecy.

IV.-Caisse des dépôts et consignations is required, without being able to invoke professional secrecy, to comply with the requests of the persons in charge of the inspection as well as those of the national council mentioned in Article L. 814-2 for the purposes of the supervision for which it is responsible, requesting any information or document that may be useful in gaining knowledge of the movements of funds in the accounts opened in its books in the name of each person mentioned in III of Article L. 812-2 and of the sums deposited therein in respect of the mandates to which the inspection or supervision relates.

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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