Section 1: Referral to and decision by the court.

Articles in this section · 21

Article R621-8-1

French Commercial codeIn force

Updated 5 Nov 2023

For the application of the second and third paragraphs of Article L. 621-2, the matter shall be referred to the court by means of a writ of summons for the purpose of extending the proceedings or reuniting the assets of the entrepreneur or, where applicable, in the forms and according to the procedure provided for in Article R. 631-4.

The judgment shall be served on the debtor subject to the proceedings and on the debtor covered by the extension, at the instance of the court clerk, within eight days of its pronouncement. It shall be communicated, within the same period, to the persons cited in Article R. 621-7.

The identification of the addressee of the summons and service provided for in the two preceding paragraphs and of the summons referred to in article R. 631-4 is completed, where applicable, by the name of the individual limited liability entrepreneur as well as the purpose of the professional activity to which the assets have been assigned or the name of the entrepreneur whose status is defined in Section 3 of Chapter VI of Title II of Book V as well as the purpose of his independent professional activity or activities.

The judgment pronouncing the extension or ordering the reunion is subject to the publicity provided for in Article R. 621-8. However, in the event of an appeal by the public prosecutor pursuant to Article L. 661-1 or in the event of a stay of provisional enforcement ordered pursuant to the fourth paragraph of Article R. 661-1, these advertisements are only made by the clerk of the court in the light of the judgment of the court of appeal which is sent to him by the clerk of that court within eight days of its delivery.

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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