CHAPTER IV : Powers

Articles in this section · 10

Article LO6314-6

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

The State and the collectivity of Saint-Martin exercise, each insofar as it is concerned, their right of ownership over their public and private domains.

The domain of the collectivity includes, in particular, property that is vacant and without a master, including securities, shares and cash deposits reached by prescription within the time periods provided for by the legislation applicable to the domain of the State and those of persons who die without an heir or whose estates have been abandoned.

The public maritime domain of the collectivity includes, subject to the rights of the State and third parties, the area known as the fifty geometric steps, the sea shores, the soil and subsoil of inland waters, in particular roadsteads and lagoons, as well as the soil and subsoil of territorial waters, excluding:

1° Areas classified as nature reserves on the date of the

Loi organique n° 2007-223 du 21 février 2007

portant dispositions statutaires et institutionnelles relatives à l'outre-mer ;

2° Du domaine relevant du Conservatoire de l'espace littoral et des rivages lacustres à cette même date ;

3° De la " forêt domaniale littorale de Saint-Martin " ; la propriété de cette dernière est transférée, à titre gratuit, à cette même date, au Conservatoire de l'espace littoral et des rivages lacustres.

The provisions of the third paragraph apply subject to the rights-of-way necessary, on the date of publication of the aforementioned Organic Law no. 2007-223 of 21 February 2007, for the State to exercise its powers and for as long as this necessity is justified.

The collectivity regulates and exercises the right to explore and the right to exploit the natural biological and non-biological resources of inland waters, in particular roads and ponds, the soil, subsoil and overlying waters of the territorial sea and the exclusive economic zone in compliance with France's international commitments and the State's powers.

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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