Paragraph 1: General conditions

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Article D6124-204

French Public Health CodeIn force

Updated 31 Oct 2023

For the implementation of II of Article R. 6123-140, the holder of the authorisation for home hospital care activity concludes an agreement with each of the social and medico-social establishments with accommodation mentioned in I of Article L. 312-1 of the Code de l'action sociale et des familles or covered byArticle L. 162-31 of the Social Security Code in which it operates.

When the residential facility has been granted authorisation by the authorities mentioned in b, d or f of article L. 313-3 of the Social Action and Families Code or is covered by article L. 162-31 of the Social Security Code, the agreement provides in particular for:

1° The conditions under which the holder of the home hospital care authorisation may work in the accommodation establishment;

2° The procedures for drawing up and adapting care protocols;

3° The organisation of staff access to certain elements of the patient's file;

4° The organisation of medication circuits;

5° The procedures for evaluating the organisation thus defined.

A copy of the authorisation is attached to the agreement.

If the residential establishment does not fall within the scope defined in the second paragraph, the agreement only sets out the conditions under which the holder of the home hospital care authorisation is to operate in the residential establishment.

The agreement is sent to the competent regional health agency and local health insurance body without delay after the third resident of the social and medico-social establishment has been admitted to hospital at home care and no later than six months after the first resident has been admitted.

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.

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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