Paragraph 5: Miscellaneous provisions

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Article R1435-9-11

French Public Health CodeIn force

Updated 4 Nov 2023

The contract for the commencement of practice complies with a standard contract laid down by order of the Minister for Health and the Minister for Social Security. In particular, it sets out the terms and conditions of the practitioner's healthcare activities and the places where they will be carried out, as well as the conditions for payment of remuneration in addition to the income received by the practitioner.

The signatory notifies the contract to the Conseil départemental de l'ordre des médecins (Departmental Medical Council) to which he/she belongs. He shall inform the Agence Régionale de Santé of any change in the way in which he practises that is likely to lead to a change in the clauses of the contract.

Any change relating to the percentage of work carried out in private practice as specified in article R. 1435-9-4 must be the subject of an amendment to the contract within two months of the change in situation at the latest.

If, through the fault of the doctor signing the contract, the conditions of practice and commitment required during the term of the contract are not respected, in particular those provided for in articles R. 1435-9-2, R. 1435-9-3 and R. 1435-9-4, the contract may be terminated at the initiative of the Regional Health Agency after the practitioner has been given the opportunity to present his observations. The Regional Health Agency may request the repayment of all or part of the remuneration received.

In the event of termination by one of the parties to the contract, the notice period is two months, notified by any means giving a date certain on receipt of the notification. The contract may be terminated without notice, at the practitioner's request, in the event of a legislative, regulatory or contractual amendment under article L. 162-5 of the Social Security Code resulting in a substantial change to the terms of the contract.

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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