Section 2: Company management.

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Article R622-7

French Commercial codeIn force

Updated 5 Nov 2023

In the event of the sale of an asset referred to in the first paragraph of Article L. 622-8, the share of the price shall be remitted to the administrator or, failing that, to the judicial representative for payment to the Caisse des dépôts et consignations. The funds are unavailable during the observation period.

However, provisional payments may be made under the conditions defined in the second paragraph of article L. 622-8. On the advice of the debtor and the administrator if one has been appointed or, failing this, the judicial representative, the official receiver hearing an application from one of the creditors shall decide on the basis of the claim declaration, the documents supporting the claim declaration and, where applicable, the guarantee provided for in the same article. The advance is allocated up to an amount that cannot be seriously contested based on these elements and the ranking of the claim.

On order of the juge-commissaire, funds unduly paid are returned on first request of the authorised judicial representative.

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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