Section 5: Information mentioned in the contract

Articles in this section · 5

Article R312-10

French Consumer CodeIn force

Updated 7 Nov 2023

The credit agreement provided for in Article L. 312-28 is drawn up in characters no smaller than eight-point type.
It shall include clearly and legibly, in the order specified below:
1° The identity and geographical address of the contracting parties and, where applicable, the identity and address of the credit intermediary concerned;
2° The box referred to in Article L. 312-28, which indicates in characters more prominent than the rest of the contract, in the order chosen by the creditor and to the exclusion of any other information:
a) The type of credit;
b) The total amount of credit and the conditions for making the funds available;
c) The duration of the credit agreement;
d) The amount, number and frequency of instalments to be paid by the borrower and, where applicable, the order in which the instalments will be allocated to the different balances due set at different borrowing rates for the purposes of repayment. In the case of overdrafts, the amount and duration of the authorisation to be repaid by the borrower are indicated;
e) The borrowing rate, the conditions applicable to that rate, any index or reference rate relating to the initial borrowing rate, and the periods, conditions and procedures for adjusting the rate. If different borrowing rates apply depending on the circumstances, this information shall cover all the applicable rates;
f) The annual percentage rate of charge and the total amount owed by the borrower, calculated at the time the credit agreement is concluded. All the assumptions used to calculate this rate are mentioned;
g) All charges relating to the performance of the credit agreement, including, where applicable, the charges for maintaining one or more accounts for the provision of funds or the payment of credit instalments and the charges relating to the use of a specific payment instrument, as well as the conditions under which these charges may be changed;
h) The securities and insurance required, where applicable;
i) Where applicable, the existence of notary's fees;
j) In the case of credit used to finance the acquisition of specific goods or services, such goods or services and their cash price;
3° The arrangements for repayment by the borrower;
4° The identity and address of any guarantors;
5° A section on the conditions for acceptance or withdrawal from the credit agreement which mentions in particular, in the order chosen by the creditor:
a) Information relating to the conditions for entering into the agreement, including the existence of and the procedures for expressing the borrower's agreement in accordance with the provisions of Article L. 312-24 ;
b) The existence of the right of withdrawal, the time limit and conditions for exercising this right, the obligation incumbent on the borrower in accordance with the provisions of Article L. 312-26, the amount of daily interest used to calculate the cumulative interest referred to in that same article;
c) The provisions of article L. 312-25;
d) Where applicable, the rights of the borrower of an assigned credit as well as the conditions under which they may be exercised;
6° A section on information relating to the performance of the contract which mentions in particular, in the order chosen by the creditor :
a) The terms and conditions under which the borrower may repay the credit early, and the terms and method of calculation of the early repayment indemnity that the creditor may claim pursuant to Article L. 312-34;
b) The terms and conditions under which the borrower may terminate the contract;
c) A warning regarding the consequences of default by the borrower;
d) The compensation for late payment and, where applicable, the default charges that the lender may request from the borrower in the event of default, as well as the procedures for adjusting and calculating such compensation and charges ;
e) For fixed-term amortisable credit transactions, which exclude hire-purchase and hire-purchase with a purchase option, the borrower's right to receive a statement in the form of an amortisation table, at his request and free of charge, at any time throughout the term of the agreement;
7° A section on information relating to the handling of disputes, which mentions in particular, in the order chosen by the lender:
a) The mediation procedure referred to in Article L. 316-1 of the Monetary and Financial Code and its access procedures;
b) The provisions of Article R. 312-35 ;
c) The address of the authority mentioned in article L. 612-1 of the monetary and financial code and that of the administrative authority responsible for competition and consumer affairs.

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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