Subsection 2: Organisation and operation.

Articles in this section · 9

Article R121-9

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

Without prejudice to the provisions of

article 7 of law no. 83-675 of 26 July 1983

on the democratisation of the public sector, the Board of Directors determines the guidelines for the establishment's activities and ensures that they are implemented.

In particular, it deliberates on

1° General measures relating to the organisation and operation of the establishment ;

2° Draft multi-annual company contracts;

3° The budget and any amendments to it during the financial year;

4° The annual activity report;

5° The annual programme of development, maintenance and major repairs to buildings belonging to the public institution and to buildings endowed to it;

6° The establishment's accounts and the allocation of the results for the financial year;

7° The creation of subsidiaries and the acquisition, sale or extension of financial holdings, as well as participation in economic interest groupings and public interest groupings;

8° Any industrial investment or divestment, any acquisition or sale of a business or complete branch of activity;

9° Any loan issued or contracted by the public body and any of its subsidiaries;

10° The granting by the establishment of any endorsement, surety or guarantee;

11° The acceptance or refusal of gifts and legacies;

12° the general conditions of recruitment, employment and remuneration of staff;

13° Contracts, agreements and markets;

14° the acquisition or disposal of real estate belonging to the institution;

15° Legal proceedings and any settlement or compromise intended in particular to prevent or put an end to commercial disputes;

16° Implementation of the institution's financial policy and risk monitoring and control.

The Board is regularly informed of the operations of the institution and, where applicable, those of its subsidiaries.

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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