Chapter III: Supervisory Board, Executive Board and Management Board

Articles in this section · 19

Article L6143-1

French Public Health CodeIn force

Updated 6 Nov 2023

The Supervisory Board decides on strategy and exercises ongoing control over the management of the institution. It deliberates on :

1° The establishment project mentioned in article L. 6143-2 ;

2° The constituent agreement of the university hospital centres and the agreements entered into in application of article L. 6142-5 ;

3° The financial statement and the allocation of results;

4° Any plans to merge with one or more public health establishments;

5° The annual report on the establishment's activities presented by the Director;

6° Any agreement between the public health institution and one of the members of its management board or supervisory board;

7° The articles of association of hospital foundations created by the institution;

8° The acquisition of shareholdings and the creation of subsidiaries mentioned in article L. 6145-7.

It gives its opinion on :

- the policy for continuous improvement in quality, care safety and risk management, as well as the conditions for the reception and care of users ;

- acquisitions, disposals, exchanges of buildings and their allocation, leases of more than eighteen years, long leases and the partnership contracts mentioned in Article L. 6148-2;

- the institution's participation in a regional hospital grouping;

- the establishment's internal regulations.

The Supervisory Board provides the Director General of the Regional Health Agency with its observations on the annual report presented by the Director and on the management of the institution.

The Supervisory Board may, at any time, carry out any checks and controls it deems appropriate and obtain any documents it deems necessary for the performance of its duties. The Director provides the Chair of the Supervisory Board with the multi-year financial documents drawn up in consultation with the Management Board, as well as the strategic documents relating to the establishment's project and participation in cooperative ventures and networks validated in consultation with the Management Board.

If the establishment's accounts are subject to certification in accordance with article L. 6145-16, the Supervisory Board appoints the auditor, where appropriate.

The Supervisory Board hears the Director on the statement of projected income and expenditure and on the investment programme. It is informed of the multiannual contract of objectives and resources signed between the Regional Health Agency and the institution, as well as any amendments thereto.

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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