Chapter III: Supervisory Board, Executive Board and Management Board

Articles in this section · 19

Article L6143-6

French Public Health CodeIn force

Updated 6 Nov 2023

No person may be a member of a supervisory board :

1° In more than one capacity ;

2° If he is subject to the incapacity provided for in article L. 6 of the Electoral Code;

3° If he is a member of the Management Board;

4° If he/she has a direct or indirect interest in the management of a private health institution, either personally or through his/her spouse, ascendants or descendants in the direct line; however, this incompatibility does not apply to staff representatives in the case of private health institutions providing the public hospital service outside a geographical area determined by decree;

5° If he is bound to the establishment by a contract; however, this incompatibility may not be invoked against persons who have entered into a contract with the establishment mentioned in articles L. 1110-11, L. 1112-5 and L. 6134-1, nor against the members mentioned in 2° of article L. 6143-5 who have entered into a contract mentioned in articles L. 6142-3, L. 6142-5 and L. 6154-4 or taken for the application of articles L. 6146-1, L. 6146-2 and L. 6152-1 ;

6° If he is a salaried employee of the establishment. However, the incompatibility resulting from the status of salaried employee may not be invoked against representatives of medical, pharmaceutical and odontological staff, or representatives of permanent hospital civil service staff;

7° If he exercises authority over the establishment in terms of pricing or if he is a member of the board of directors of the regional health agency.

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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