Subsection 3: Contracts awarded by the national councils of the orders of the medical professions

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Article R.4122-4-15

French Public Health CodeIn force

Updated 3 Nov 2023

When the estimated value of the requirement is equal to or greater than the European thresholds defined, for local authorities, their establishments and groupings and other purchasers, in b of I of appendix no. 2 of the Public Procurement Code, the National Council awards the contracts mentioned in article R. 4122-4-4 according to one of the following formalised procedures, which it is free to choose:

1° Invitation to tender, whereby the National Council chooses the most economically advantageous tender, without negotiation, on the basis of objective criteria made known to the candidates in advance.

The National Council is free to choose between the following forms of invitation to tender:

a) Open invitation to tender, where any interested economic operator may submit a tender, under the conditions laid down in Articles R. 2161-2, 3° of Article R. 2161-3 and Articles R. 2161-4 and R. 2161-5 of the French Public Procurement Code;

b) Restricted invitation to tender, where only candidates selected by the National Council are authorised to submit a tender, under the conditions laid down in 2° of Article R. 2161-6 and Articles R. 2161-5 of the French Public Procurement Code. 2161-6 and Articles R. 2161-10 and R. 2161-11 of the French Public Procurement Code;

2° The procedure with negotiation, whereby the National Council negotiates the terms of the contract with one or more economic operators, under the conditions laid down in Articles R. 2161-21 to R. 2161-23 of the French Public Procurement Code and subject to the provisions of this sub-section;

3° Competitive dialogue, a procedure by which the national council enters into dialogue with the candidates admitted to participate in it with a view to defining or developing solutions likely to meet its needs and on the basis of which these candidates are invited to submit a tender, under the conditions laid down in Articles R. 2161-24 to R. 2161-31 of the French Public Procurement Code and subject to the provisions of this sub-section.

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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