Section 1: Guardianship arrangements.

Articles in this section · 13

R* 712-8R712-2R712-3R712-4R712-4-1R712-5R712-6R712-6-1R712-7R712-8-1R712-9R712-10R712-11

Article R712-7

French Commercial codeIn force
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Updated 5 Nov 2023

The deliberations relating to the acts mentioned below are enforceable as soon as they have been approved by the supervisory authority:

1° The initial budget, amending budgets and the implemented budget, under the conditions provided for in Article R. 712-16 ;

2° The use of loans, property leasing and bond issues, under the conditions provided for in Section 3;

3° The granting of guarantees to third parties, under the conditions provided for in Article R. 712-34;

4° Draft agreements, amendments and renewals of agreements by which the institution receives delegation of the management of public services or facilities;

5° Sales, acquisitions or extensions of financial holdings in civil or commercial companies, mixed syndicates or public or private interest groupings, as well as in any person governed by public law; the creation of associations or any other separate structures where the accounts of these associations or structures are included in the scope of consolidation, pursuant to the provisions of article L. 233-16 or in the scope of combination pursuant to the provisions of article L. 712-6, as well as changes in the purpose or scope of these structures, leading to their inclusion in the scope of consolidation or combination;

5° bis Resolutions relating to a transfer of activity to another person governed by public or private law;

6° Resolutions relating to aid or proposed aid to one or more undertakings subject to the control of aid pursuant to European Union law;

7° Agreements defining the procedures for transferring the management or operation of an establishment, work or service managed by a territorial chamber of commerce and industry to a regional chamber of commerce and industry when its importance exceeds the financial resources of the managing establishment.

However, deliberations relating to 2° and 3° involving an amount below a threshold set by order of the minister responsible for overseeing chambers of commerce and industry and the minister of finance are not subject to approval.

The network's public establishments shall provide the supervisory authority without delay with any documents constituting management acts that it requests.

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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