Section 2: Pre-contractual information for borrowers

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Article R312-2

French Consumer CodeIn force

Updated 7 Nov 2023

For the application of the provisions of Article L. 312-12, the creditor or credit intermediary shall provide the borrower with information concerning:
1° The identity and address of the creditor and, if applicable, the identity and address of the credit intermediary concerned;
2° The type of credit;
> and 3° The total amount of credit and the conditions under which the funds will be made available;
4° The duration of the credit agreement;
> and 5° 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, fixed at different borrowing rates for repayment purposes;
6° The total amount owed by the borrower;
7° In the case of credit used to finance the acquisition of a specific good or service, the good or service and its cash price;
8° In the case of hire purchase, a description of the goods hired and the price to be paid in the event of purchase;
9° Any security required;
10° Except in the case of a lease with a purchase option, the borrowing rate, the conditions applicable to this rate and, where applicable, any index or reference rate relating to the initial borrowing rate, as well as the periods, conditions and procedures for adjusting the rate. If different borrowing rates apply depending on the circumstances, this information shall relate to all the applicable rates;
11° Except in the case of leasing with a purchase option, the annual percentage rate of charge, using a representative example mentioning all the assumptions used to calculate this rate. The creditor shall take into account the element or elements of the credit that the borrower has indicated he favours, where applicable, such as the duration of the credit agreement and the total amount of credit;
12° Where applicable, the obligation to take out an ancillary service linked to the credit agreement, in particular insurance, in order to obtain the credit itself or in application of the commercial terms and conditions;

13° All charges relating to the performance of the credit agreement, and the conditions under which these charges may be amended;
14° Any notary's fees payable by the borrower on conclusion of the credit agreement;
15° The compensation for late payment and, where applicable, the default charges that the creditor may require the borrower to pay in the event of default, as well as the procedures for adjusting and calculating such compensation and charges;
> and 16° A warning of the consequences of a default by the borrower;
17° The existence of the right of withdrawal;
and 18° The right to early repayment and, where applicable, the lender's right to compensation as well as the method of calculating this compensation pursuant to article L. 312-34;
19° The borrower's right to be given, on request and free of charge, a copy of the offer of a credit agreement if, at the time of the request, the creditor is prepared to conclude the credit agreement;
20° A statement that the creditor must, as part of the procedure for granting credit, consult the national register of personal credit repayment incidents;

21° The period during which the creditor is bound by the pre-contractual information.

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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