Subsection 2: Saint-Barthélemy and Saint-Martin

Articles in this section · 2

Article R6523-23

French Labour CodeIn force

Updated 1 Nov 2023

The Comité de l'emploi, de la formation et de l'orientation professionnelle is composed, in addition to the representative of the State in Saint-Barthélemy and Saint-Martin and the President of the Conseil territorial, of members appointed by order of the representative of the State in each of the local authorities:

1° Six representatives of the State:

a) The rector of the Guadeloupe academic region or his representative ;

b) The commanding officer of the adapted military service regiment in Guadeloupe or his representative;

c) The Director of the Economy, Employment, Labour and Solidarity or his representative;

d) Three other representatives of State departments appointed by the State representative;

2° Six representatives of the overseas collectivity appointed by the President of the Territorial Council;

3° A number between four and eight, under both a and b, of representatives appointed by their respective organisations:

a) Trade union organisations representing employees at national and cross-industry level, trade union organisations representing employees at regional and cross-industry level and trade union organisations representing employees working in sectors corresponding to those of the interested organisations mentioned in III of article R. 2272-9;

b) Professional employers' organisations that are representative at national and cross-industry level, professional employers' organisations that are representative at regional and cross-industry level or at multi-professional level, as well as the multi-professional economic chamber in Saint-Barthélemy and the multi-professional consular chamber in Saint-Martin.

4° Representatives of the main employment, training and vocational guidance operators based locally, including the director of the university institute, the regional director of Pôle emploi, the director of the regional inter-professional joint commission, the director of the regional association of local missions, the representative of the network of associations for financing business creators and entrepreneurs, the Director of the Centre d'animation, de ressources et d'information sur les formations et observatoire régional de l'emploi et de la formation professionnelle, the Chairman of the Comité économique, social et environnemental régional, the Regional Director of the Office national d'information des enseignements et des professions and the Regional Director of the Agence de l'outre-mer pour la mobilité or their representatives;

5° Personalities qualified in the field of ecological transition, after consultation with the president of the regional council and the regional economic, social and environmental council.

The representatives appointed under d of 1° and 2° include an equal number of men and women, in accordance with the principle of parity as defined in article L. 6123-3.

The members mentioned in 4° and 5° of this article do not have the right to vote.

For the application of this article, the State representative shall draw up the list of representative organisations at local level mentioned in a and b of 3°, in application of the provisions of Chapter II of Title II of Book I of Part Two and of Chapter II of Title V of the same book.

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

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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