Section 4: Conciliation procedure.

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Article R611-39-1

French Commercial codeIn force

Updated 5 Nov 2023

A statement of all costs to be borne by the debtor is prepared by the debtor, assisted by the conciliator. It includes:


1° The conciliator's remuneration, if this has been agreed, or, failing this, the terms of this remuneration as set by the president of the court, as well as the remuneration of the mandataire ad hoc if a mandataire ad hoc immediately preceded the opening of the conciliation;


3° The fees of the debtor's advisors or those paid by the debtor in the context of the conciliation procedure and the ad hoc mandate procedure that may have immediately preceded it;


> 4° The fees of the advisors to whom the debtor has recourse in the context of the conciliation procedure and the ad hoc mandate procedure that may have immediately preceded it 4° The fees of the advisers called in by the creditor, where these are charged to the debtor;


This statement is signed and filed with the court registry. This statement is signed and filed at the registry by the debtor. Before confirming or approving the agreement, the president of the court or the court shall ensure that it has been filed.


Only the conciliator, the president of the court, the court and the public prosecutor may examine the agreement. The court that opens safeguard, legal redress, professional recovery or legal liquidation proceedings against the debtor may, of its own motion or at the request of the public prosecutor, obtain access to the documents. Where the conditions of article L. 721-8 are met and the debtor is a business or one of the companies referred to in a to d of 1° of that article, the president of the specialised commercial court, that court and the public prosecutor may also obtain access to it.

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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