Chapter I: Organisation.

Articles in this section · 10

Article R461-9

French Commercial codeIn force

Updated 5 Nov 2023

I. - The Hearing Officer shall hold office for a term of five years. He may be reappointed once.

II. - The Hearing Officer may intervene at the request of a party. He may also draw the attention of the General Rapporteur to the proper conduct of the proceedings, if he considers that a case raises an issue relating to respect for the rights of the parties.

Respondent and referring parties may submit observations to the Hearing Officer on the conduct of the investigation proceedings concerning them in cases giving rise to a statement of objections, for facts or acts occurring from receipt of the statement of objections until receipt of the invitation to attend the Authority's hearing.

The Hearing Officer will, where appropriate, receive additional observations from the parties and from the General Rapporteur on the conduct of the proceedings. He may propose measures to improve the parties' exercise of their rights.

He concludes his interventions by drafting a report submitted to the Chairman of the Authority no later than ten working days before the hearing. A copy shall be sent to the general rapporteur and to the parties concerned.

The chairman of the Competition Authority may invite the hearing officer to attend the meeting and present his report.

When the hearing officer decides to draw the general rapporteur's attention to the proper conduct of proceedings in a case, in accordance with the first paragraph above, he shall place his observations on the record.

III. - In the performance of his duties, the Hearing Officer shall be assisted by the investigating departments of the Authority. The Hearing Officer is entitled to ask the AMF's General Rapporteur to disclose any documents in the file referred to him. The confidentiality of documents and business secrecy are not enforceable against him.

IV. - Each year, the Hearing Officer submits a report on his activities to the Chairman of the AMF. This report will be attached to the Authority's public report.

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

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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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