Subsection 3: Pricing structure and conditions

Articles in this section · 8

R444-8R444-9R444-10R444-10-1R444-11R444-11-1R444-12R444-12-1

Article R444-10

French Commercial codeIn force
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Updated 5 Nov 2023

I.-The rate of discount that may be granted by a professional pursuant to the first sentence of the last paragraph of article L. 444-2 may not exceed 20% of the amount of the fee fixed for a service relating to an asset or a right with a value exceeding a threshold defined by a joint order of the Minister of Justice and the Minister of the Economy.

II.-The limit provided for in I is increased to 40% of the amount of the fee determined for the following services, relating to property or a right of a value greater than a threshold defined by a joint order of the Minister of Justice and the Minister for the Economy:

1° When they relate to the transfer or financing of property or rights for non-residential use:

a) Services in the sub-category entitled: "Deeds relating mainly to real estate and land", in Table 5 of Article Appendix 4-7;

b) Services listed in numbers 113 to 117 of the table referred to in a;

c) Real estate contribution transactions;

d) Merger-absorption transactions involving the transfer of real estate ownership;

e) Financing transactions with mortgage collateral.

2° Where they involve the transfer or financing of residential property or rights:

a) Transactions involving property or property rights covered by social housing legislation;

b) Transactions involving land or premises with the aim of developing the social housing stock.

3° When they relate to the transfer of company shares or units, or tangible or intangible real estate allocated to the operation of a business:

a) Free transfer transactions benefiting from the exemptions provided for in articles 787 B and 787 C of the General Tax Code.

III.-.When the service relates to a property or right for mixed use, the 40% limit provided for in II applies to the portion of the fee due in respect of this service for the part of the total surface area intended, according to the cases provided for in 1° and 2° of the same II, for non-residential use or for social residential use. In the case provided for in 3° of II, this limit applies to the portion of the fee corresponding solely to the units, shares, or property exempt from transfer duty.

IV.-Services carried out as part of a court mandate do not give rise to a discount.

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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