Chapter VIII: Organisations approved for the collective management of the right to authorise the exploitation of certain unavailable works

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Article R328-1

French Intellectual Property CodeIn force

Updated 7 Nov 2023

An organisation governed by Title II of Book III may be approved under II of Article L. 138-2 if it:

1° Provides proof that, by virtue of the mandates entrusted to it, it covers a significant number of rightholders for the type of works concerned, enabling it to grant authorisation for the modes of exploitation mentioned in I of Article L. 138-2;

2° Provides evidence, by any means, of the professional qualifications of its managers and corporate officers by virtue of:

a) their status as holders of rights;

or b) the nature and level of their qualifications;

> or c) Or their experience in the management of professional bodies;

3° Indicate the measures it has taken or intends to take to guarantee equal treatment for all right holders, whether or not they are members of the organisation, as regards both the terms of the licence and the establishment and application of the rules for distributing the sums collected among right holders;

4° Give the necessary information concerning 4° Gives the necessary information relating to:

a) Its administrative organisation and the conditions under which it is set up and equipped;

b) The human and material resources deployed to deal with the effects of the extension of a contract authorising the exploitation of works that are unavailable under the conditions referred to in I of Article L. 138-2;

>
c) The means used to collect remuneration and the processing of the data required to distribute this remuneration between right holders, whether or not they are members of the body;

d) The financing plan and the provisional budget for the three financial years following the application for approval.

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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