Section V quinquies : Duties levied for the benefit of the Caisse nationale de l'assurance maladie (National Health Insurance Fund)

Articles in this section · 4

Article 1635 bis AE

French General Tax CodeIn force

Updated 7 Nov 2023

I. - Filing with the agency mentioned in article L. 5311-1 of the Public Health Code of each:

1° Application for registration referred to in articles L. 5121-13 and L. 5121-14 of the same code, of each application for renewal or of each application or notification of modification of this registration;

2° Application for registration mentioned in article L. 5121-14-1 of the same code, each application for renewal or each application or notification of amendment to this registration;

3° Application for marketing authorisation referred to in article L. 5121-8 of the same code or each application for renewal or each application or notification of modification of this authorisation.

Certain minor variations of type IA mentioned in Article 2 of Commission Regulation (EC) No 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products relating to information of an administrative or technical nature which does not require scientific expertise are not subject to payment of the fee. A decree of the Conseil d'Etat shall determine the list;

4° Application for recognition by at least one other Member State of the European Union or party to the Agreement on the European Economic Area of a marketing authorisation, issued by the Director General of the Agency mentioned in Article L. 5311-1, mentioned in Article L. 5121-8 of the same code or of each application or notification for modification of this authorisation.

Certain minor variations of type IA mentioned in Article 2 of Commission Regulation (EC) No 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products relating to information of an administrative and technical nature and not requiring scientific expertise are not subject to payment of the fee. A decree of the Conseil d'Etat sets the list;

5° Application for a parallel import authorisation in accordance with Article L. 5124-13 of the same code and of each application for amendment or renewal of this authorisation;

6° Application for a visa or renewal of an advertising visa, referred to in articles L. 5122-8 and L. 5122-9 of the same code;

7° Application for authorisation or renewal of authorisation for advertising, referred to in articles L. 5213-4 and L. 5223-3 du même code.

II. - The amount of duty due in respect of the deposits mentioned in I is set by decree up to a maximum limit of:

a) €7,600 for applications mentioned in 1° of I;

b) €21,000 for applications mentioned in 2° of I;

c) €60,000 for applications mentioned in the first paragraph of 3°, 4° and 5° of I;

d) €1,200 for applications mentioned in 6° and 7° of I.

III. - The fee is paid by bank transfer. It is accompanied by a declaration, the model for which is set by the administration. The duty is collected and audited in accordance with the same guarantees and penalties as for registration duties. The administration certifies the payment. If the payment certificate is not produced when the application is submitted to the agency, or if the amount paid is insufficient, the application file is deemed to be incomplete.

When the file for an application referred to in I is complete, the fee paid is refundable only up to the fraction of its amount for which the agency has previously established that payment was insufficient.

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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