Subsection 1: Guarantee of the representation of funds and professional civil liability.

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Article L814-3

French Commercial codeIn force

Updated 7 Nov 2023

The purpose of a fund with legal personality and managed by the contributors is to guarantee the reimbursement of funds, effects or values received or managed by each court-appointed administrator and each court-appointed agent registered on the lists, in connection with the operations for which they are responsible by virtue of their duties. Two magistrates from the public prosecutor's office are appointed to act as Government commissioners for the fund, one as a full member and the other as a deputy.

Membership of this fund is compulsory for each judicial administrator and each judicial representative registered on the lists, with the exception of judicial administrators and judicial representatives exercising their profession as employees.

The resources of the fund are made up of the proceeds of a special annual contribution paid by each judicial administrator and by each judicial representative registered on the lists.

The contributions paid by judicial administrators and by judicial representatives are allocated to cover only judicial administrators and judicial representatives registered on the lists.

In the event that the fund's resources prove insufficient to meet its obligations, it shall call for additional funds from professionals registered on the lists.

The fund's guarantee shall apply without creditors being able to invoke the benefit of discussion provided for in Article 2305 of the Civil Code and solely on proof that the claim is due and that the funds have not been represented by the court-appointed administrator or court-appointed agent registered on the lists.

The caisse is required to insure itself against the risks resulting for it from the application of this code.

Appeals against the decisions of the caisse are brought before the Paris judicial court.

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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