Chapter I: Health policy.

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Article L1411-5-2

French Public Health CodeIn force

Updated 8 Nov 2023

I.-The difference between the number of women and the number of men among the members, other than the chairman, of each of the boards of directors of the establishments mentioned in articles L. 1142-22, L. 1222-1, L. 1413-1, L. 1418-1 and L. 5311-1 may not be greater than one.

Among the members appointed by the same person vested with the power of appointment or designation, the difference between the number of women and the number of men may not be greater than one.

In order to ensure compliance with the rule defined in the first paragraph, a decree in the Conseil d'Etat shall determine the conditions under which the elections of staff representatives are organised so that the difference between the number of women and men among these representatives does not exceed one. It also determines the cases in which, in view of the lack of eligible persons of each sex noted at the time of the ballot, and by derogation to the first paragraph, the staff representatives are not taken into account for the application of the rule defined in this paragraph.

II. -If necessary, lots are drawn to determine which of the persons called upon to take part in the appointment or reappointment of the members of these boards and who appoint, respectively, one member or an odd number of members, will appoint, respectively, one woman or one man, or a greater number of women or a greater number of men.

However, if a person vested with the power of appointment or reappointment wishes to renew the term of office of an outgoing member, he shall nominate him beforehand. The other members will then be appointed after applying the draw mentioned in the previous paragraph, taking into account the members whose term of office has been renewed.

III.-The procedures for the draw mentioned in II and the period within which it is to be organised are set by decree.

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

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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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