Section 3: Terms of engagement and services of the statutory auditor

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Article R823-19

French Commercial codeIn force

Updated 4 Nov 2023

The secretariat of the restricted formation summonses the parties to appear before it at least fifteen days before the hearing, by registered letter with acknowledgement of receipt. Where appropriate, the parties' lawyers are notified of the date of the hearing by the secretariat of the restricted formation by simple letter.

On receipt of the summons to appear, the parties may acquaint themselves with the case file. They may be assisted or represented by a lawyer. The parties and their lawyer may obtain copies of all or part of the documents in the case file for the exclusive use of the proceedings.

Debates before the restricted panel are public. However, the restricted panel may decide that the proceedings will not be public if the parties expressly so request or if publicity would result in an infringement of public policy, a secret protected by law or business secrecy.

The secretariat of the restricted panel notifies the interested parties of the decision by registered letter with acknowledgement of receipt.

Where applicable, the parties' lawyers receive a copy of the decision by simple letter.

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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