Subsection 1: Identification and verification of customer identity

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Article R561-5-1

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

For the purposes of 2° of I of Article L. 561-5, the persons referred to in Article L. 561-2 shall verify the identity of the customer in one of the following ways:

1° By using :

a) A means of electronic identification certified or attested by the Agence nationale de la sécurité des systèmes d'information that complies with either the substantial or high level of guarantee set by Article 8 of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, or

b) A means of electronic identification issued under a scheme notified to the European Commission by a Member State of the European Union under the conditions laid down in paragraph 1 of Article 9 of that Regulation and whose level of guarantee corresponds to either the substantial or high level set by Article 8 of the same Regulation;

2° By using a means of electronic identification presumed to be reliable within the meaning ofArticle L. 102 of the French Post and Electronic Communications Code ;

3° Where the customer is a natural person, physically present for identification purposes at the time the business relationship is established, by presenting the original of a valid official document bearing his photograph and by taking a copy of this document;

4° Where the customer is a legal entity, whose duly authorised representative is physically present for identification purposes at the time the business relationship is established, by providing the original or a copy of any deed or extract from an official register dating back less than three months or an extract from the Official Journal, stating the name, legal form, address of the registered office and the identity of the partners and corporate officers referred to in 1° and 2° of article R. 123-54 of the Commercial Code, the legal representatives or their equivalents under foreign law. The identity of the legal entity may also be verified by obtaining a certified copy of the document directly from the commercial court registries or an equivalent document under foreign law;

5° In addition, where the customer is acting within the framework of a trust or an equivalent legal arrangement under foreign law, the persons mentioned in Article L. 561-2 shall obtain, depending on the method of setting up the arrangement, a copy of the trust contract drawn up pursuant toArticle 2012 of the Civil Code, an extract from the Official Journal of the law establishing the trust pursuant to the same Article 2012 or any equivalent document or deed relating to an equivalent legal arrangement under foreign law.

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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