Chapter VIII: National register of persons prohibited from managing assets

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Article R128-8

French Commercial codeIn force

Updated 6 Nov 2023

The Conseil national des greffiers des tribunaux de commerce concludes agreements with:

1° The Minister of Justice as regards, on the one hand, the communication of personal information and data recorded in the file to the magistrates and staff referred to in 1° and 2° of Article L. 128-2 and, on the other hand, access to consultation of this file by the registrars of the civil courts ruling in commercial matters;

2° The administrations and bodies mentioned in 3° and 4° of Article L. 128-2 with regard to the communication of the same information and data to their agents listed in Article R. 128-6.

The clerks of the commercial courts grouped into IT groups adhere to a set of specifications drawn up by their National Council for access to the national file of persons prohibited from managing assets.

The agreements and specifications shall specify, in particular, the security requirements applicable to the system for accessing the national file of persons prohibited from managing assets and the technical characteristics of the information systems that the administrations and bodies implement to ensure the secure communication of data and information, the authentication of recipients and the traceability of access to this file, in accordance with Article L. 128-3.

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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