Subsection 9: Obligations where there is a high risk of money laundering or terrorist financing

Articles in this section · 9

Article R561-18

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - For the purposes of 1° of article L. 561-10, a person exposed to particular risks by virtue of their duties is a person who holds or has held for less than one year one of the following positions:

1° Head of State, head of government, member of a national government or of the European Commission ;

2° Member of a national parliamentary assembly or the European Parliament, member of the governing body of a political party or grouping subject to the provisions of law no. 88-227 of 11 March 1988 or of a foreign political party or grouping;

3° Member of a Supreme Court, Constitutional Court or other high court whose decisions are not, save in exceptional circumstances, subject to appeal;

4° Member of a court of auditors;

5° Director or member of the management body of a central bank;

6° Ambassador or Chargé d'Affaires;

7° General officer or senior officer in command of an army;

8° Member of an administrative, management or supervisory body of a public company;

9° Director, deputy director or member of the board of an international organisation created by treaty, or a person occupying an equivalent position within such an organisation.

The international organisations accredited on national territory draw up and update the list of positions referred to in 9°, each in their own area of responsibility.

An order of the Minister for the Economy sets the list of positions to which the positions listed above correspond at national level.

II. - The following are deemed to be direct family members of the persons mentioned in I:

1° The spouse or common-law partner ;

2° The partner bound by a civil solidarity pact or by a partnership contract registered under foreign law ;

3° Children, as well as their spouse, their partner bound by a civil solidarity pact or by a partnership contract registered under foreign law;

4° First-degree relatives in the ascending line.

III. - The following are considered to be persons closely associated with the persons mentioned in I:

1° Natural persons who, together with the person mentioned in I, are the beneficial owners of a legal entity, a collective investment, a trust or a comparable legal arrangement under foreign law;

2° Individuals who are the sole beneficial owners of a legal entity, collective investment scheme, trust or comparable legal arrangement under foreign law that is known to have been set up for the benefit of the person referred to in I ;

3° Any natural person known to have close business ties with the person mentioned in I.

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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