Section 2: Provisions specific to Mayotte

Articles in this section · 3

Article R761-5

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 7 Nov 2023

For the application of this book in Mayotte:
1° References to the departmental prefect are replaced by references to the representative of the State;
2° References to the Court of Appeal are replaced by references to the Appeal Chamber of the Court of Appeal of Saint-Denis de La Réunion in Mamoudzou;
3° Article R. 710-1 does not apply;
> and 4° Articles R. 711-3 to R. 711-5 and R. 751-1 to R. 751-9 do not apply;
5° Article R. 711-1 reads as follows:

"Art. R. 711-1.-The decision imposing an obligation to leave French territory is deemed to have been executed on the date on which the administration's stamp was affixed to the travel documents of the foreign national who is subject to it, when leaving national territory to any country, other than a Member State of the European Union, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway or the Swiss Confederation. "6° In article R. 732-5, the words: "from the territorially competent departments of the French Office for Immigration and Integration" are replaced by the words: "from approved associations". 7° In article R. 742-1, the words "for a period of forty-eight hours" are replaced by the words "for a period of five days";
8° In article R. 742-1, the words "for a period of forty-eight hours" are replaced by the words "for a period of five days". 8° A new paragraph is added to article R. 744-9, worded as follows:
"In Mayotte, foreign nationals may be held on these premises for a period not exceeding forty-eight hours, except where they are accompanied by minors. In this case, this period may not exceed twenty-four hours. "
9° The provisions of Article R. 744-11 are not applicable in Mayotte for a period of five years from the publication of Decree No. 2018-1159 of 14 December 2018 taken for the application of Law No. 2018-778 of 10 September 2018 for controlled immigration, an effective right of asylum and successful integration and containing various provisions relating to the fight against illegal immigration. During this period, administrative detention facilities located in the department of Mayotte must have accommodation or rest areas, freely accessible sanitary facilities, the equipment necessary for catering, as well as facilities enabling the persons concerned to effectively exercise their rights, in particular a freely accessible telephone. If necessary, the detainees will have access to the nearest medical centre for medical assessment;
>. 10° Article R. 744-19 reads as follows:

"Art. R. 744-19.-Foreign nationals placed or held in an administrative detention centre benefit from reception, information, assistance in exercising their rights, moral and psychological support and, where appropriate, help in preparing the material conditions for their departure. ";

11° Article R. 744-20 reads as follows:

"Art. R. 744-20.-To contribute to the actions and assistance defined in Article R. 744-19, the State representative in Mayotte shall enter into an agreement with one or more associations. "12° In article R. 752-5, the words: "by the French Office for Immigration and Integration" are replaced by the words: "by the associations" and the words: "the agent of the Office" are replaced by the words: "the representative of the association" and the last paragraph is deleted. 13° In Article R. 753-4, the words: "by the French Office for Immigration and Integration" are replaced by the words: "by the associations" and the words: "the agent of the Office" are replaced by the words: "the representative of the association" and the last paragraph is deleted;
14° In Article R. 753-4, the words: "by the French Office for Immigration and Integration" are replaced by the words: "by the associations" and the words: "the agent of the Office" are replaced by the words: "the representative of the association" and the last paragraph is deleted. 14° In Article R. 753-5, after the words: "to the rules defined in Chapter VII quater of Title VII of Book VII of the Code of Administrative Justice", the following words are added: "and subject to the adaptations provided for in Title VIII of Book VII of the same code";
15° Article R. 754-1 is not applicable;
16° In Article R. 754-8, after the words: "to the rules defined in Chapter VII bis of Title VII of Book VII of the Code of Administrative Justice", the words "and subject to the adaptations provided for in Title VIII of Book VII of the same code" are added.

Mariela Petrova

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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.

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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.

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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

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