Paragraph 2: Operation of the company.

Articles in this section · 22

Article R743-101

French Commercial codeIn force

Updated 4 Nov 2023

I. - Where one of the members requests his withdrawal from the company by transferring all of his corporate shares, this shall be done in accordance with the provisions of articles R. 743-44, R. 743-99 and R. 743-100.

II. - Where one of the members intends to ask the company to fulfil the obligation to which it is bound pursuant to article 21 of law no. 66-879 of 29 November 1966 relating to professional non-trading companies, he shall notify his request by registered letter with acknowledgement of receipt to his partners and to the company, which shall fulfil its obligation within a period of twelve months from the date of such notification, subject to acceptance of the withdrawal by order of the Minister of Justice.

III. - A member holding interest shares who intends to apply to the Minister for Justice for his withdrawal shall inform the company and its members by registered letter with acknowledgement of receipt.

In application of the second paragraph of Article R. 743-86, the company shall cancel the interest shares of the member who intends to request its withdrawal within six months of the notification provided for in the previous paragraph, subject to the condition precedent that the withdrawal is accepted by order of the Minister of Justice.

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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