Paragraph 2: Composition and appointment

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Article R4641-3

French Labour CodeIn force

Updated 2 Nov 2023

I.-Each of the Council's configurations, with the exception of the National Committee for Prevention and Health at Work, comprises:

1° The college of ministerial departments;

2° The college of social partners, comprising an equal number of employee and employer representatives;

3° The college of national social security, expertise and prevention bodies;

4° The college of qualified personalities.

II -The National Committee for Prevention and Health at Work comprises:

1° The college of social partners, comprising an equal number of employee and employer representatives;

2° The college of ministerial departments and national social security bodies.

III - The members of the colleges mentioned in 2° and 4° of I and in 1° of II are appointed to the various configurations of the Council by order of the Minister for Labour, and by joint order of the Minister for Labour and the Minister for Agriculture for the specialised commission responsible for issues relating to agricultural activities.

They are appointed following each four-yearly measurement of the audience of trade union organisations and professional employers' organisations organised in application of articles L. 2122-9 and L. 2152-4, within four months of the publication of the last of the two decrees, provided for in articles L. 2122-11 and L. 2152-6, establishing the list of organisations recognised as representative at national and cross-industry level.

For each member of the college mentioned in 2° of I and 1° of II, two alternates are appointed under the same conditions.

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

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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