Paragraph 5: Practice of the profession.

Articles in this section · 13

Article R4113-74

French Public Health CodeIn force

Updated 3 Nov 2023

I. - The members of a société civile professionnelle de médecins or de chirurgiens-dentistes have a common professional residence.

II. - A société civile professionnelle de médecins may carry on its professional activity at one or more sites other than its usual professional residence, provided that it sends a prior declaration of the opening of a separate place of practice to the departmental council within whose jurisdiction the planned activity is located, by any means that can be relied upon to provide a date of receipt, no later than two months before the planned date of commencement of activity. If the company has its place of business in another département, this declaration must be sent without delay to the département council on whose roll the company is registered.

The declaration must be accompanied by all relevant information on the conditions of practice.

The departmental council within whose jurisdiction the proposed activity is located may object only on the grounds that it fails to comply with obligations relating to the quality, safety and continuity of care and with legislative and regulatory provisions.

The departmental council has a period of two months from receipt of the declaration in which to inform the société civile professionnelle de médecins of this objection by means of a reasoned decision. This decision shall be notified by any means enabling receipt to be dated.

The declaration is personal and non-transferable. The departmental council may, at any time, object to the continuation of the activity if it finds that the obligations of quality, safety and continuity of care are no longer being met.

Decisions taken by the departmental councils may be the subject of a hierarchical appeal to the national council. This hierarchical appeal must be lodged before any legal action.

III. - A company of dental surgeons may be authorised by the Departmental Council of the Association to practise one or more of the disciplines practised by its members in one or more secondary practices if this is necessary to meet the needs of patients and on condition that the location of the secondary practices in relation to the main practice and the organisation of care in these practices allow it to respond to emergencies.

IV. - For a maximum period of one year, the company may also practise in the practice where a partner was practising when he joined the company, if no doctor or dental surgeon is practising in that locality.

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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