Subsection 5: Collection of data and information

Articles in this section · 5

R444-17R444-18R444-19R444-20R444-21

Article R444-21

French Commercial codeIn force
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Updated 5 Nov 2023

The information and data provided for in articles R. 444-18 to R. 444-20 are collected from the professionals mentioned in article L. 444-1 by the national professional bodies listed in Article R. 444-17, which transmit them annually, either by secure electronic communication or by any other appropriate means, to the authorities mentioned in Article L. 444-5 by the national professional bodies listed in Article R. 444-17, in accordance with the procedures set out in this Article and, at the latest, by a date set by joint order of the Ministers of Justice and the Economy. The transmission shall include both the relevant information and data originating from professionals and that resulting from their aggregation by the competent departments of the national professional bodies.

The national professional bodies shall ensure, by any means, that the information and data collected referred to in the first paragraph cannot be used or disclosed in violation of secrets protected by law, in particular business secrets. Each professional body shall designate the person or persons responsible for ensuring the confidentiality of such information and data.

The national professional bodies shall draw up, each insofar as it is concerned, directives governing the conditions of access, use and storage of such information and data and the traceability of their consultation, with a view to ensuring their security and confidentiality.

Without prejudice to their own obligations, the persons specially authorised by each of the national professional bodies to ensure the collection, consistency verification of this information and data emanating from the professionals mentioned in article L. 444-1 as well as their aggregation in accordance with article R. 444-19 and their transmission to the authorities concerned are bound by an obligation of confidentiality with regard to this information and data. They alone have access to useful information and data originating from professionals collected pursuant to article L. 444-5.

The persons referred to in the previous paragraph do not exercise the profession covered by the body on whose behalf they carry out the operations referred to in that same paragraph.

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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