Section 2: Access to documents

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Article R8113-3-3

French Labour CodeIn force

Updated 1 Nov 2023

The right to obtain documents or information from third parties as defined in Article L. 8113-5-2 is exercised, in the context of an investigation into one or more offences constituting illegal employment, by Labour Inspectorate control officers on duty, either in the national monitoring, support and control group provided for in Article R. 8121-15, or in one of the regional support and control units set up under Article R. 8122-8.

The request is notified in writing to the natural or legal person to whom the right of communication is addressed.

Where the right of communication concerns information relating to unidentified persons, it shall satisfy the following conditions:

1° The request shall include the following details:

a) The nature of the legal or economic relationship existing between the person to whom the request is addressed and the persons who are the subject of the request;

b) Criteria relating to the activity of the persons who are the subject of the application, including at least one of the following three criteria:

place where the activity is carried out;

-level of activity or level of resources received, which may be expressed as a financial amount or as the number, frequency or duration of transactions carried out or payments received;

-method of payment or remuneration;

c) The period to which the request relates, which may be broken down, but may not exceed eighteen months;

2° At the request of employees, the information shall be communicated on a computer medium, using a secure system;

3° The information provided is kept for a period of three years from the date of receipt and until all appeals against administrative penalties or criminal convictions resulting from checks carried out on the basis of this information have been exhausted.

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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