Chapter VI: Provisions adapting Book VI.

Articles in this section · 13

Article L946-12

French Commercial codeIn force

Updated 6 Nov 2023

In Article L. 621-84, the obligation on the court to take account of the provisions contained in 1°, 2°, 3° and 4° of Article L. 331-7 of the Rural and Maritime Fishing Code means the following requirements:

"Observe the order of priorities established between the installation of young farmers and the enlargement of farms, taking into account the economic and social interest of maintaining the autonomy of the farm that is the subject of the application ;

Taking into account, in the case of the enlargement or amalgamation of holdings, the possibilities of setting up on a viable holding, the location of the land concerned in relation to the headquarters of the holding(s) of the applicant(s), the surface area of the property forming the subject of the application and the surface areas already farmed by the applicant(s), as well as by the existing lessee;

Taking into account the personal situation of the applicant(s): age, family and professional situation and, where applicable, that of the incumbent lessee, as well as the number and nature of the salaried jobs involved;

Take into account the parcel structure of the farms concerned, either in relation to the head office of the farm, or to avoid transfers in beneficial ownership calling into question developments obtained with the help of public funds. "

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

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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