Section 2: Respective rights and duties of management and staff under their authority

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Article R8124-6

French Labour CodeIn force

Updated 31 Oct 2023

All employees exercising hierarchical authority are responsible for ensuring compliance with the ethical rules applicable to all employees under their authority. To this end :

1° They shall explain the meaning of these rules to the employees and specify, through their instructions, how they are to be implemented;

2° They shall ensure that they are effectively applied in the professional situations in which the employees are placed;

3° They shall intervene in the event of failure to comply with the ethical principles and rules, both in the actions carried out by the employees of the department and in relations between employees;

4° It shall ensure that its instructions respect the rights granted to agents by the provisions of this Code and the guarantees of independence in the performance of their duties;

5° It shall also ensure the independence granted to medical labour inspectors by article R. 4127-5 of the Public Health Code;

6° It shall contribute to the implementation of the legal protection from which employees benefit in the legal exercise of their duties;

7° It shall provide support by any appropriate means to employees encountering difficulties in the exercise of their duties;

8° It shall report to the Directorate General for Labour any difficulties encountered in the implementation of this Code of Ethics.

All agents exercising hierarchical authority shall, as necessary, explain the meaning of the ethical rules to employees and employers and to their professional organisations.

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

English · French · Russian

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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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