Section 9: Account overdrafts

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Article R312-32

French Consumer CodeIn force

Updated 7 Nov 2023

For the application of the provisions of Article L. 312-85, the lender or credit intermediary shall provide the borrower, in a clear and legible manner, with information concerning:
1° The identity and address of the creditor and, where applicable, the identity and address of the credit intermediary involved;
2° The type of credit ;
3° The amount of the authorisation;
4° The duration of the credit agreement;
> and 6° The charges applicable from the time the credit agreement is concluded and, where applicable, the conditions under which these charges may be amended;
7° The annual percentage rate of charge, using a representative example setting out all the assumptions used to calculate this rate;

and 8° The terms and conditions under which the contract may be terminated;
> and 9° Where applicable, an indication that the borrower may be asked to repay the full amount of the credit at any time;
10° The charges and the method of calculating the charges that the creditor may request from the borrower in the event of default;
> and 11° The period during which the creditor is bound by the pre-contractual information. This information may be presented in accordance with the form attached as an appendix to this code.

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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