Subsection 1: Common law provisions.

Articles in this section · 8

Article R312-1-2

French Monetary and Financial CodeIn force

Updated 6 Nov 2023

I. - Bank charges relating to irregularities in the operation of a bank account as referred to in article L. 312-1-3, payment incidents as referred to in article L. 131-73 and II of article L. 133-26 and those relating to other irregularities and incidents are subject to the free prior information of the customer provided for in article L. 312-1-5. They include in particular the following charges :

1° The cost of blocking the card by the bank ;

2° The cost of a prior information letter for a cheque with insufficient funds;

3° Charges for information letters for unauthorised overdrafts;

4° Flat-rate charge for each cheque rejected for insufficient funds;

5° Charges for the rejection of a direct debit for insufficient funds;

6° Charges for administrative seizure by a third party holder;

7° (repealed)

8° Charges for seizure of assets for payment;

9° (repealed)

10° Charges for occasional incomplete transfers;

11° Charges for non-execution of standing orders for lack of funds;

12° Intervention fees;

13° Charges following notification by the Banque de France of a ban on the customer issuing cheques;

14° Charges for notifying the Banque de France of a decision to withdraw a bank card.

II. - The amount of each of these charges is specified on the customer's statement of account drawn up monthly or, where applicable, at the intervals specified in the account agreement referred to in article L. 312-1-1. In the absence of an account statement, free prior information is provided by the credit institution by any other means.

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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