Paragraph 2: Funds open to non-professional investors

Articles in this section · 2

Article R744-10

French Monetary and Financial CodeIn force

Updated 5 Nov 2023

I. - Are applicable in the Wallis and Futuna Islands, 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, in the wording indicated in the right-hand column of the same table:


Applicable articles

In the wording of the decree

R. 214-32-9, R. 214-32-11 and R. 214-32-16 to R. 214-32-18

n° 2013-687 of 25 July 2013

R. 214-32-19

n° 2020-1148 of 17 September 2020

R. 214-32-20 excluding 4° of its I

n° 2019-1078 of 22 October 2019

R. 214-32-21

n° 2013-687 of 25 July 2013

R. 214-32-22

n° 2019-1078 of 22 October 2019

R. 214-32-23

n° 2017-1253 of 9 August 2017

R. 214-32-24 to R. 214-32-27

n° 2013-687 of 25 July 2013

R. 214-32-28

n° 2022-82 of 28 January 2022

R. 214-32-29

n° 2021-898 of 6 July 2021

R. 214-32-30, R. 214-32-32 to R. 214-32-34

n° 2013-687 of 25 July 2013

R. 214-32-35

n° 2019-1078 of 22 October 2019

R. 214-32-36 and R. 214-32-37

n° 2013-687 of 25 July 2013

R. 214-32-38

n° 2017-1253 of 9 August 2017

R. 214-32-39 to R. 214-32-42, R. 214-34

n° 2013-687 of 25 July 2013

R. 214-35

n° 2020-1148 of 17 September 2020

R. 214-36 and R. 214-36-1

n° 2019-1172 of 14 November 2019

R. 214-37 and R. 214-38

n° 2013-687 of 25 July 2013

R. 214-39

n° 2019-1172 of 14 November 2019

R. 214-40 with the exception of b) of its 1° to R. 214-43

n° 2013-687 of 25 July 2013

R. 214-44

n° 2019-1172 of 14 November 2019

R. 214-45

n° 2013-687 of 25 July 2013

R. 214-46 and R. 214-46-1

n° 2019-1172 of 14 November 2019

R. 214-65

n° 2013-687 of 25 July 2013

R. 214-66

n° 2019-1078 of 22 October 2019

R. 214-66-1 to R. 214-74

n° 2013-687 of 25 July 2013

R. 214-75

n° 2019-1172 of 14 November 2019

R. 214-76

n° 2013-687 of 25 July 2013

R. 214-77

n° 2019-1172 of 14 November 2019

R. 214-78 and R. 214-79

n° 2013-687 of 25 July 2013

R. 214-81 with the exception of the last paragraph

n° 2014-1011 of 5 September 2014

R. 214-82 to R. 214-95

n° 2013-687 of 25 July 2013

R. 214-96

n° 2021-898 of 6 July 2021

R. 214-97 to R. 214-102

n° 2013-687 of 25 July 2013

R. 214-103

n° 2014-1315 of 3 November 2014

R. 214-104

n° 2020-1148 of 17 September 2020

R. 214-105 to R. 214-108

n° 2013-687 of 25 July 2013

R. 214-109

n°2022-82 of 28 January 2022

R. 214-110 to R. 214-112, R. 214-114 to R. 214-117, R. 214-119 to R. 214-123 and R. 214-125 to R. 214-129

n° 2013-687 of 25 July 2013

R. 214-130

n° 2019-966 of 18 September 2019

R. 214-131 and R. 214-132

n° 2013-687 of 25 July 2013

R. 214-133

n° 2017-485 of 5 April 2017

R. 214-134 to R. 214-136

n° 2013-687 of 25 July 2013

R. 214-137 and R. 214-138

n° 2018-1004 of 19 November 2018

R. 214-139 to R. 214-150

n° 2013-687 of 25 July 2013

R. 214-151

n° 2016-1026 of 26 July 2016

R. 214-152 to R. 214-154

n° 2013-687 of 25 July 2013

R. 214-155

n° 2014-1011 of 5 September 2014

R. 214-155-1 and R. 214-156

n° 2013-687 of 25 July 2013

R. 214-156-1

n° 2019-1078 of 22 October 2019

R. 214-156-2

n° 2018-1004 of 19 November 2018

R. 214-157 to R. 214-161

n° 2013-687 of 25 July 2013

R. 214-162

n° 2018-1004 of 19 November 2018

R. 214-163

n° 2013-687 of 25 July 2013

R. 214-164 with the exception of its last two paragraphs

n° 2018-1004 of 19 November 2018

R. 214-165 to R. 214-167

n° 2013-687 of 25 July 2013

R. 214-168 with the exception of its 2nd paragraph

n° 2018-1004 of 19 November 2018

R. 214-169 to R. 214-172

n° 2013-687 of 25 July 2013

R. 214-173

n° 2018-1004 of 19 November 2018

R. 214-174 to R. 214-176

n° 2013-687 of 25 July 2013

R. 214-176-1

n° 2019-1097 of 28 October 2019

R. 214-176-2 to R. 214-176-6

n° 2018-1004 of 19 November 2018

R. 214-176-7

n° 2019-1097 of 28 October 2019

R. 214-177

n° 2017-1253 of 9 August 2017

R. 214-183

n° 2013-687 of 25 July 2013

R. 214-186

n° 2020-1148 of 17 September 2020

II. - For the application of I:
1° Provisions referring to the Central Bank of a Member State or of another Contracting State and 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.
4° References to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 are replaced by references to Article L. 712-7;
5° References to Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds are deleted;
6° References to the French Construction and Housing Code are replaced by references to Article L. 711-5 of the Monetary and Financial Code;
7° References to the Forestry Code are replaced by references to locally applicable provisions having the same effect.
III. - For the application of the articles mentioned in the table above:
1° In article R. 214-32-19, the references to articles L. 214-22 and L. 214-30 are deleted;
2° In article R. 214-32-20:
a) In a) of 1°, the words: "A Member State" are replaced by the words: "France, another Member State";
b) In 3°, the words: "located in a State" are replaced by the words: "located in France or another State";
3° In 1° of IV of article R. 214-32-29, the words: "are issued or guaranteed by a Member State of the European Union or another State party to the Agreement on the European Economic Area, by its local authorities" are replaced by the words: "are issued or guaranteed by France, by another Member State of the European Union or another State party to the Agreement on the European Economic Area, by the local authorities of these Member States or States party to the European Economic Area";
4° In 1° of IV of Article R. 214-32-35, the words: "by a Member State of the European Union or by its regional or local authorities" are replaced by the words: "by France, by another Member State of the European Union or by the regional or local authorities of these Member States or parties to the European Economic Area";
5° The second paragraph of Article R. 214-32-42 reads as follows:
"2° Up to 30% of its assets may be invested in units or shares of collective investment schemes";
6° In the third paragraph of Article R. 214-36, the words: "or of the same venture capital company satisfying the conditions laid down in article 1-1 of law no. 85-695 of 11 July 1985 containing various economic and financial provisions" are deleted;
7° In a of 4° of article R. 214-46-1, the words "or foreign UCITS approved in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009" are deleted;
8° In the third paragraph of article R. 214-65, the words "in fulfilment of the reinvestment obligation set out in article 163 quinquies B of the General Tax Code" are deleted;
9° In a of 3° of article R. 214-72, the words: "or in venture capital companies governed by article 1-1 of law no. 85-695 of 11 July 1985 containing various economic and financial provisions whose securities or rights are included in its assets" are deleted;
10° In article R. 214-93:
a) The reference to article L. 423-1 is deleted;
b) The words "local authorities of a Member State or party to the Agreement on the European Economic Area" are replaced by the words "local authorities of France or of another Member State" and the words "or by a public international body to which one or more Member States of the European Union or parties to the Agreement on the European Economic Area belong or which are issued by the Caisse d'Amortissement de la Dette Sociale" are deleted.
11° In Articles R. 214-93 and R. 214-98, the words: "or foreign UCITS approved in accordance with Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009" are deleted;
12° In Article R. 214-166, the words: "In this case, the forest savings company undertakes to apply to the forest the system provided for by the decree of 28 June 1930 relating to the conditions of application of article 15 of the finance law of 16 April 1930 until the date of approval of the simple management plan" are deleted;
13° In article R. 214-186, the references to articles L. 214-1-1, L. 214-22, L. 214-24-1 and D. 214-22-1 are 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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