Section 3: Classes of affected parts

Articles in this section · 15

Article R626-58

French Commercial codeIn force

Updated 5 Nov 2023

I. - For the application of V of Article L. 626-30, the administrator shall determine the amount, calculated inclusive of all taxes, of the claims held by the members of the classes called upon to vote.


I. At least twenty-one days before the date of the vote, the administrator shall notify each party affected, on the basis of V of Article L. 620-30, of the methods of class allocation and calculation of the votes retained, within the class or classes to which it is assigned. By the same instrument, the administrator shall specify the criteria used to compose the classes of assigned parts and shall draw up a list of such classes. The administrator shall also submit these distribution and calculation methods to the debtor and the judicial representative. He shall inform the Public Prosecutor. II. - The notification referred to in the first paragraph is sent by electronic means, except in the following cases:


1° In the absence of the addressee's consent within the meaning of article R. 626-55;


2° For a reason unrelated to the administrator who carries it out;


In both of these cases, it may be sent by any means that confers a date certain.


The procedures for this electronic communication are defined by order of the Minister of Justice.


In the presence of bondholders or shareholders, the notice must be sent by electronic means. Where bondholders or holders of capital are affected by the draft plan, they shall be notified of the procedures for dividing the shares into classes and calculating the votes in accordance with the provisions of articles R. 626-61 and R. 626-62.


III. - Where there is an interest rate indexation clause, the amount of interest remaining to be paid on the date of the judgment opening the proceedings is calculated at the rate applicable on the date of this judgment. Foreign currency claims are converted into euros using the exchange rate on the date of the same judgment.

Mariela Petrova

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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

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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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