Paragraph 3: The performance of the duties of clerk of the commercial court by the company and the members.

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Article R743-57

French Commercial codeIn force

Updated 5 Nov 2023

A commercial court clerk who is a partner provisionally suspended from his duties may not engage in any professional activity; he shall retain, for the duration of his suspension, his status as a partner, with all rights and obligations arising therefrom.

A decision which pronounces the provisional suspension of one or more partners exercising their duties within the company, but not of all of them, shall not appoint an administrator.

The decision which pronounces the provisional suspension either of the company or of all the members exercising their functions within the company, appoints one or more provisional administrators to perform all the professional acts falling compulsorily within the ministry of the company or of the clerk of the commercial court.

In addition, the persons mentioned in article 64 of decree no. 2022-900 of 17 June 2022 relating to the ethics and discipline of ministerial officers may be appointed as provisional administrators.

The provisional administrator, who is not a practising commercial court clerk, shall take the oath required of a commercial court clerk before taking up his duties; in addition, he shall be required to have a stamp bearing his name and his capacity as provisional administrator.

The provisional administrator shall carry out, at the company's registered office, the professional acts that he is instructed to perform.

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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