Section 3: Establishment in France of persons authorised to conduct voluntary sales of furniture by public auction in another Member State of the European Union or party to the Agreement on the European Economic Area.

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Article R321-65

French Commercial codeIn force

Updated 5 Nov 2023

Nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area are deemed to have the qualification required to manage voluntary sales of furniture by public auction, without having to meet the conditions set out in 3°, 4° and 5° of article R. 321-18, nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, holding an attestation of competence or evidence of formal qualifications as defined in Article 11 of Directive 2005/36/EC of 7 September 2005, as amended, referred to above, provided:

1° Either this attestation of competence or evidence of formal qualifications allows the professional activity of voluntary sales of furniture by public auction to be exercised in a Member State or a State party to the Agreement on the European Economic Area that regulates access to the profession or its exercise;

2° Or that this evidence of formal qualifications certifies regulated training specifically aimed at the practice of the professional activity of voluntary sales of furniture by public auction and attests to the holder's preparation for that practice, in a Member State or a State party to the Agreement on the European Economic Area which does not regulate access to or practice of that profession ;

3° Either this attestation of competence or this evidence of formal qualifications certifies that the holder has been prepared to practise the professional activity of voluntary sale of furniture by public auction and that the holder also provides evidence, in a Member State or a State party to the Agreement on the European Economic Area that does not regulate access to or practice of this profession, full-time practice of the profession for at least one year during the previous ten years or for an equivalent period in the case of part-time practice, provided that such practice is attested by the competent authority of that State.

The attestation of competence or the evidence of formal qualifications referred to in this article must have been issued either by the competent authority of a Member State or of a State party to the Agreement on the European Economic Area, attesting to training acquired predominantly in a Member State or a State party to the Agreement on the European Economic Area or in a third State in educational establishments which provide training in accordance with the legislative, regulatory or administrative provisions of that Member State or of a State party to the Agreement on the European Economic Area or in a third State in educational establishments which provide training in accordance with the legislative, regulatory or administrative provisions of that Member State or of a State party to the Agreement on the European Economic Area, regulations or administrative provisions of that Member State or Party State, or by a third State, provided that a certificate is provided, issued by the competent authority of the Member State or Party State which recognised the attestation of competence or evidence of formal qualifications, certifying that the holder has at least three years' professional experience in that State.

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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