Section 2: Commission for access to non-identifying data and the identity of third-party donors

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Article R2143-3

French Public Health CodeIn force

Updated 4 Nov 2023

I.-The Committee meets when convened by its Chairman. The notice of meeting shall specify the agenda.

On the Chairman's proposal, the Committee may hear a third party on a point on the agenda.

II-The Committee may only validly deliberate if at least nine members are present.

III-The Committee's decisions are taken by a majority of the members present.

IV-The Commission may delegate to its Chairman the power to carry out, on its behalf, the tasks referred to in 1°, 2° and 4° of Article L. 2143-6 in accordance with criteria that it shall determine, where the request clearly presents no difficulty, or to reject inadmissible requests.

The Commission shall determine the procedures for implementing the mission mentioned in 7° of the same article.

V.-The Commission has departments under the authority of a Secretary General, who is responsible for its operation and coordination.

These departments are responsible in particular for examining applications received by the Commission.

VI - The Minister for Health may delegate his signature to the Secretary General for matters relating to the administrative and financial operation of the Commission.

VII -The Commission draws up its own rules of procedure which, in particular, lay down the conditions under which it operates and specify the rules of procedure applicable before it.

These rules of procedure shall specify in particular the powers which the Commission decides, in accordance with IV, to delegate to its Chairman.

VIII - Each year, the Commission draws up a report which is made public.

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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