Subsection 1: Freedom of establishment.

Articles in this section · 3

Article R221-12

French Tourism CodeIn force

Updated 8 Nov 2023

I. - Nationals of France or of another Member State of the European Union or of a State party to the Agreement on the European Economic Area may obtain the professional guide-lecturer card referred to in article R. 221-1, without possessing any of the qualifications referred to in article R. 221-11, if they can provide proof of :

1° Possession of a diploma, certificate or other evidence of formal qualifications entitling the holder to pursue the activity in a professional capacity in a Member State of the European Union or of a State party to the Agreement on the European Economic Area, which regulates access to or pursuit of the profession, and issued :

a) either by the competent authority of that State and attesting to training acquired predominantly in the European Union or the European Economic Area ;

b) or by a third country, provided that a certificate is issued by the competent authority of the Member State of the European Union or the State party to the Agreement on the European Economic Area which recognised the diploma, certificate or other evidence of formal qualifications, certifying that the holder has effectively pursued the activity in a professional capacity in its territory for a period of at least three years;

2° Or evidence of formal qualifications obtained in the Member State of origin attesting to regulated training specifically aimed at the practice of this profession;

3° Or full-time practice, or practice on a part-time basis for an equivalent period, for at least one year during the previous ten years, in one or more Member States or another State party to the European Economic Area which do not regulate access to or practice of the profession, provided that the applicant holds one or more attestations of competence or one or more evidence of formal qualifications. These attestations or qualifications must have been issued by a competent authority in that State, and must attest to the applicant's preparation for the pursuit of the activity.

II. - However, where the prefect has established that the training held by the applicant relates to subjects that are substantially different from those included in the syllabus for a certification provided for in article R. 221-11, he shall check whether the knowledge acquired by the applicant through professional experience or lifelong learning that has been duly validated by a competent body is such as to cover, in whole or in part, the difference in training.

If this is not the case, the Prefect may require the person concerned to choose either to take an aptitude test or to complete an adaptation period, the duration of which may not exceed three years and which will be assessed.

In this case, the prefect's reasoned decision states that the applicant must make known his or her choice between the aptitude test and the adaptation period within two months.

If the applicant holds an attestation of competence within the meaning of point a of Article 11 of Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications or a certificate attesting to a course of secondary education within the meaning of point b of Article 11 of the same Directive, the Prefect may prescribe an adaptation period or an aptitude test, the duration of which may not exceed three years and which is subject to assessment. The prefect must make his choice known within two months by means of a reasoned decision.

The prefect's reasoned decision referred to in the second and fourth paragraphs of this II shall specify :

- the professional qualification required and the professional qualification held by the applicant ;

- the substantial differences between the training required and the training received by the person concerned, and the reasons why these differences cannot be made up by the knowledge, skills and competences acquired during professional experience or lifelong learning that have been duly validated by a competent body for this purpose.

If an aptitude test is required, it will be organised within six months of notification of the Prefect's decision.

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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