Chapter VIII: National register of persons prohibited from managing assets

Articles in this section · 10

Article R128-6

French Commercial codeIn force

Updated 6 Nov 2023

The following may be recipients of information and personal data recorded in the national file of persons prohibited from managing:

1° Pursuant to 3° of Article L. 128-2 :

a) Judicial police officers of the national police, individually designated and specially authorised, either by the heads of the decentralised services of the national police, or by the heads of the services of the police prefecture or, where applicable, the police prefect, or by the heads of the central services of the national police or, where applicable, the director general of the national police;

b) Judicial tax officers individually designated and specially authorised by the head of the national brigade for the repression of tax delinquency ;

c) Judicial police officers of the national gendarmerie, individually designated and specially authorised, either by the commanders of the gendarmerie groups, or by the regional commanders, or by the commander of the overseas gendarmerie, or by the commanders of the specialised formations of the national gendarmerie, or by the deputy director of the judicial police, or by the director general of the national gendarmerie ;

d) Agents of the Directorate General of Customs and Indirect Rights, individually designated and specially authorised by the regional director or the director of the department with national jurisdiction or, where applicable, by the Director General of Customs and Indirect Rights;

e) Agents of the National Judicial Customs Service, individually designated and specially authorised by the magistrate delegated to the judicial missions of Customs or, where applicable, by the Director General of Customs;

f) Agents of the Directorate-General of Public Finance, individually designated and specially authorised by the director in charge, as appropriate, of a regional or departmental directorate of public finance, a specialised directorate of public finance, a department with national competence or, where appropriate, by the Director General of Public Finance;

g) Agents of the department mentioned in Article L. 561-23 of the Monetary and Financial Code, individually designated and specially authorised by the director or deputy director of this department;

h) Employees of national and local social security bodies mentioned in 3° of Article L. 114-16-3 of the Social Security Code, individually designated and specially authorised by the director or head of the body to which they report;

i) Pôle emploi agents, individually designated and specially authorised by the Director General;

j) The civil servants and agents mentioned in Article L. 222-9 of the Energy Code.

2° Pursuant to 4° of the same article: staff of the departmental and regional chambers of trades and crafts, the Mayotte chamber of trades and crafts and the Alsace and Moselle chambers of trades and crafts, individually designated and specially empowered by the president of the chamber of trades and crafts to which they report.

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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