Paragraph 1: Proposed agreement

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Article R15-33-60-2

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

When the Public Prosecutor wishes to propose the conclusion of a judicial public interest agreement, he shall indicate to the accused legal entity the possibility of being assisted by a lawyer. Except where the proposal is made pursuant to Article 180-2, if he has not done so previously, the Public Prosecutor shall make use of the option provided for in II of Article 77-2.

The proposed agreement specifies:

1° The corporate name of the legal entity concerned;

2° A precise statement of the facts and the legal classification likely to be applied to them;

3° The nature and quantum of the obligations proposed pursuant to 1° and 2° of I of Article 41-1-2 or 1° to 3° of Article 41-1-3, the deadlines and terms in which they must be carried out, and, where applicable, the department responsible for monitoring the compliance programme or for compensating the damage resulting from the offences committed;

4° Where applicable, the maximum amount of costs incurred in monitoring the implementation of the compliance programme that are borne by the legal person implicated;

5° Where applicable, the amount and terms of compensation for damage caused by the offence.

The proposed agreement is signed by the public prosecutor and, if it is accepted, by the legal representatives of the legal entity assisted, where applicable, by its lawyer.

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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