Paragraph 3: Funds open to professional investors

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Article R743-13

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - Subject to the adaptations provided for in II and III, the provisions of the articles mentioned in the left-hand column of the table below shall apply in French Polynesia, in the wording indicated in the right-hand column of the same table:


Applicable articles

In the wording resulting from the decree

R. 214-187, R. 214-190 and R. 214-191

n° 2013-687 of 25 July 2013

R. 214-192

n° 2019-1078 of 22 October 2019

R. 214-193, R. 214-194, R. 214-196 to R. 214-202

n° 2013-687 of 25 July 2013

R. 214-203-1, with the exception of the last paragraph

n° 2022-110 of 1 February 2022

R. 214-203-2

n° 2018-1004 of 19 November 2018

R. 214-203-3

n° 2016-1587 of 24 November 2016

R. 214-203-4

n°2018-1004 of 19 November 2018

R. 214-203-5

n° 2016-1587 of 24 November 2016

R. 214-203-6

n° 2018-1004 of 19 November 2018

R. 214-203-7 to R. 214-203-9

n° 2016-1587 of 24 November 2016

R. 214-204

n° 2013-687 of 25 July 2013

R. 214-205

n° 2020-1148 of 17 September 2020

R. 214-206

n° 2019-1172 of 14 November 2019

R. 214-206-1

n° 2016-1587 of 24 November 2016

R. 214-217, R. 214-218 and R. 214-221 to R. 214-226

n° 2018-1004 of 19 November 2018

R. 214-230

n° 2013-687 of 25 July 2013

R. 214-231, R. 214-234 to R. 214-235

n° 2018-1004 of 19 November 2018

R. 214-240-1

n° 2018-1004 of 19 November 2018

II. - For the application of I:
1° Provisions referring to the European Investment Bank are not applicable;
2° References to a Member State of the Organisation for Economic Co-operation and Development are deleted;
3° References to the head office, registered office or registered office of investment firms and credit institutions located in a Member State of the European Union or in another State party to the Agreement on the European Economic Area are replaced by references to the head office, registered office or registered office of investment firms and credit institutions located in France, in another Member State of the European Union or in another State party to the Agreement on the European Economic Area.
III. - For the application of the articles mentioned in the table above:
1° In article R. 214-203-4, the two occurrences of the words: "and financial undertakings within the meaning of Regulation (EU) No 2015/760 of the European Parliament and of the Council of 29 April 2015 on European investment funds" are replaced by the words: " credit institutions, investment firms, financial holding companies, portfolio management companies and AIF managers";
2° In Article R. 214-203-6, the words: "The exposure is calculated using the commitment calculation method as set out in Article 8 of Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012" are replaced by the words: "The exposure is calculated according to the commitment calculation method in force in France, determined by the sum of the absolute values of all positions valued according to procedures ensuring that the net asset value per unit or per share, is calculated at least once a year by an independent valuation expert or by the AIF manager, when this task is independent of its portfolio management. "
3° In 3° of Article R. 214-225, the reference to Article D. 214-237 is deleted.

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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