Paragraph 2: Specific supervision of credit institutions

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Article R613-35

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

In an emergency, the Autorité de contrôle prudentiel et de résolution may, before initiating the procedure provided for in Article R. 613-34 or pending the measures to be taken by the home Member State, take any protective measure provided for in Article L. 612-33 to protect against instability in the financial system that could seriously threaten the collective interests of depositors, investors and customers in France. Any measure taken in this respect shall be communicated without delay to the European Commission, the European Banking Authority and the competent authorities of the home Member State.

The Autorité de contrôle prudentiel et de résolution shall terminate the precautionary measures that it has adopted in accordance with the previous paragraph when it considers that they are no longer justified, taking into account the provisions adopted pursuant to Article R. 613-34. No precautionary measure may be adopted or maintained after the competent administrative or judicial authorities of the home Member State have taken reorganisation measures within the meaning of Article L. 613-31-2.

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

English · French · Russian

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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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