1. Board of Directors.

Articles in this section · 5

Article R1142-46

French Public Health CodeIn force

Updated 5 Nov 2023

The Board of Directors shall define the general principles relating to offers of compensation to be made by the Office. With regard to the damages referred to in articles L. 1142-24-1, L. 1142-24-9, L. 1221-14, L. 3111-9, L. 3122-1, L. 3131-4 and L. 3135-3, it does so on the basis of proposals from the Board referred to in articles L. 1142-24-3, L. 1142-24-13, L. 3111-9 and L. 3122-1.

It also deliberates on the following matters:

1° The general organisation of the Office and its internal regulations;

2° The budget and amendments thereto, as well as the financial statements;

3° Borrowings and maximum outstanding cash loans;

4° Contracts of objectives and means signed with the State;

5° Acceptance and refusal of gifts and legacies;

6° Acquisitions, disposals and exchanges of property;

7° Contracts, as well as public procurement contracts and agreements for amounts in excess of a threshold that it determines;

8° Legal proceedings and settlements, with the exception of those resulting from the application of articles L. 1142-3, L. 1142-14, L. 1142-15, L. 1142-17, L. 1142-20, L. 1142-21, L. 1142-24-6, L. 1142-24-7, L. 1142-24-16, L. 1142-24-17, L. 1221-14, L. 3111-9, L. 3122-3, L. 3122-4, L. 3131-4 and L. 3135-3 ;

9° The agreement with the primary health insurance fund mentioned in article R. 1142-53 ;

10° The general conditions of employment and recruitment of staff;

11° Appointment of the Office's representatives on the committees referred to in article L. 1142-5;

12° Matters relating to offers of compensation and the settlements to which they may give rise, likely to have either an exceptional scope at the discretion of the Director, and on his or her initiative, or a financial impact in excess of a threshold set by the Board itself;

13° The half-yearly reports on its operations and activities, which it submits to the Minister for Health with a view to preparing the Social Security Financing Act.

The decisions of the Board of Directors are enforceable thirty days after their receipt by the Minister for Health and the Minister for the Budget, unless one of them objects during this period. If one of these two ministers requests additional information or documents in writing, the time limit is extended until such information or documents are produced.

However, deliberations on the budget and the financial account are enforceable under the conditions provided for in Title III of Decree no. 2012-1246 of 7 November 2012 on public budgetary and accounting management.

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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