Chapter IV: Retail distribution.

Articles in this section · 10

Article L5424-2

French Public Health CodeIn force

Updated 6 Nov 2023

The following constitutes a breach subject to a financial penalty:

1° Opening, operating or transferring a pharmacy without holding the licence referred to in article L. 5125-18 or despite the suspension or withdrawal of such licence;

2° Transferring a licence independently of the business to which it relates;

3° (deleted)

4° Failing to hand over the licence to the Regional Health Agency when the pharmacy closes for good;

5° Failing to comply with the rules relating to the creation and transfer of pharmacies or the minimum conditions for setting up a pharmacy, as determined by decree in the Conseil d'Etat pursuant to 1° of article L. 5125-32 ;

6° To set up or take over a pharmacy that has been open for less than three years, individually or as part of a company, without being a pharmacist of French nationality, or a national of one of the Member States of the European Union or one of the other States party to the Agreement on the European Economic Area, and without holding a French State diploma as a doctor of pharmacy or pharmacist or one of the qualifications and certificates provided for in articles L. 4221-4 and L. 4221-5 ;

7° After the death of a pharmacist, for his spouse or heirs, to keep a pharmacy open without complying with the provisions of article L. 5125-16;

8° Failing to comply with the rules relating to advertising for pharmacies, laid down by decree in the Conseil d'Etat in application of the provisions of article L. 5125-32;

9° Failing to send the Regional Health Agency the declaration of the number and names of pharmacists working in the pharmacy, as well as the information relating to its activity provided for in article L. 5125-15.

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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