Sub-paragraph 1: Common provisions.

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Article R214-81

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

The properties referred to in 1° of I of article L. 214-36 eligible for inclusion in the assets of an undertaking for collective real estate investment are :

1° Buildings let or offered for letting on the date of their acquisition by the undertaking or by any legal entity that has entered into a usufruct agreement in accordance with Chapter III of Title V of Book II of the French Construction and Housing Code;

2° Buildings that the organisation has built, renovated or refurbished with a view to their rental by itself or by any legal entity that has entered into a usufruct agreement in accordance with Chapter III of Title V of Book II of the French Construction and Housing Code;

3° Bare land located in an urban area or an area to be developed as defined by a town planning document.

The properties referred to in 2° may be acquired under forward sales contracts, sales in the future state of completion or sales of properties to be renovated or rehabilitated.

When the properties referred to in 1° are subject to a usufruct agreement in accordance with Chapter III of Title V of Book II of the French Construction and Housing Code, they may not have been acquired from one of the bodies referred to in articles L. 365-2, L. 411-2 or L. 481-1 of the same code.

The real estate investment trust (organisme de placement collectif immobilier) may enter into property development contracts with a view to building the properties referred to in 2°.

Mariela Petrova

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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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