Chapter III: Miscellaneous provisions

Articles in this section · 2

Article R423-2

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The advertising and personalised solicitation provided for in Article L. 423-1 are permitted for industrial property attorneys if they provide sincere information on the nature of the services offered and if their implementation respects the essential principles of the profession. They exclude any comparative or disparaging elements, as well as any mention likely to infringe professional secrecy.

Personalised solicitation takes the form of a postal item, a telephone call or an e-mail sent to the recipient of the service offer, excluding any text message sent to a mobile telephone terminal. It specifies the methods for determining the cost of the service, which will be the subject of a fee agreement. The consequences of this service, which may give rise to additional costs, are specified where applicable. A distinction is made between fees and charges and royalties.

The general information on industrial property law accompanying the solicitation relates in particular to the main industrial property titles, their fields of protection and their respective limits, as well as the maintenance and defence of the associated rights. In the case of a personalised solicitation made by telephone, this information may be made available to the recipient of the service offer by other means duly specified at the time of canvassing.

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

English · French · Russian

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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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