Paragraph 2: Provisions relating to safeguard procedures, receivership, compulsory liquidation and conciliation procedures applicable to credit institutions, finance companies, electronic money institutions, payment institutions and investment firms.

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Article R613-16

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

The legal representative of a credit institution, finance company, electronic money institution, payment institution or investment firm that intends to file an application to initiate conciliation proceedings must, by registered letter with acknowledgement of receipt or letter delivered against receipt, submit a request for an opinion to the Autorité de contrôle prudentiel et de résolution before referring the matter to the president of the court. This request shall include the documents required to inform the Autorité de contrôle prudentiel et de résolution. At the request of the Autorité de contrôle prudentiel et de résolution, the request for an opinion is immediately brought to the attention of the chairman of the management board of the guarantee fund.

The Autorité de contrôle prudentiel et de résolution shall give its opinion within one month of receipt of the request for an opinion. In the absence of a response from the Autorité de contrôle prudentiel et de résolution within the given timeframe, its opinion is deemed to be favourable to the initiation of the procedure.

The opinion of the Autorité de contrôle prudentiel et de résolution is written and sent by any means to the applicant. The applicant shall attach this opinion, or failing this, the receipt for the application, to its application in the manner provided for in the second and third paragraphs of article 36 of decree no. 85-295 of 1 March 1985 issued for the application of law no. 84-148 of 1 March 1984 relating to the prevention and amicable settlement of company difficulties.

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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