Paragraph 5: Termination of the duties of an employed commercial court clerk in the event of termination of the employment contract

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Article R743-139-15

French Commercial codeIn force

Updated 4 Nov 2023

The exercise of his duties as a public official by the salaried commercial court clerk, as well as that of his professional mandates, are suspended from the day of the termination of the employment contract, whatever the cause. During this suspension, he may no longer use the status of public officer or the title of clerk of the commercial court.

For a period of one year, if he is selected in accordance with the provisions of article R. 743-139-5, the interested party may resume, without waiting for the decree provided for in the third paragraph and without any new appointment, the duties of salaried commercial court clerk by filing a simple declaration, by teleprocedure on the website of the Ministry of Justice, accompanied by a copy of his employment contract, with the Minister of Justice. The interested party sends a copy of this declaration to the Conseil national des greffiers des tribunaux de commerce.

The Minister for Justice may, within a period of one month, oppose, by reasoned decision, the effect of this declaration. If there is no opposition, the Minister for Justice will issue a decree stating that the salaried commercial court clerk has resumed his duties. The order shall mention the name or company name of the holder of the office within which these duties are now carried out.

The salaried court clerk who resumes duties must take the oath provided for in Article R. 742-31.

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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