Paragraph 4: Demolition, removal or encapsulation plan

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Article R4412-138

French Labour CodeIn force

Updated 3 Nov 2023

I.-The employer shall immediately inform the inspection and prevention services and its certifying body or bodies of any changes in the content of a demolition, removal or encapsulation plan transmitted by the DEMAT @ MIANTE platform referred to in Article R. 4412-133, as well as the date on which the work starts.

If these changes result from an amendment to the works contract or if they involve a change in the processes implemented, they are entered and an amendment transmitted using the DEMAT @ MIANTE platform. In addition, if they are likely to result in a significant increase in the level of dust generated during the work, as assessed under the conditions set out in articles R. 4412-61 and R. 4412-98, the addendum shall specify the organisational and prevention measures adopted as a result to ensure effective protection of workers and the environment.

II. -Any transmission by the employer of an amendment or information on the DEMAT @ MIANTE platform is considered to be a new version of the demolition, removal or encapsulation plan and is time-stamped.

It is transmitted to the inspection and prevention services and to the social security bodies or the professional prevention body for building and public works in accordance with the procedures defined in article R. 4412-137.

III - The employer immediately informs the certifying body or bodies via the DEMAT @ MIANTE platform of any changes relating to all or part of the content of a demolition, removal or encapsulation plan reserved for their sole knowledge by means of the same platform.

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

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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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