Subsection 1: Jurisdiction of Disciplinary Boards of First Instance

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Article R4126-9

French Public Health CodeIn force

Updated 3 Nov 2023

When a disciplinary chamber receives a complaint or application that it considers to fall within the jurisdiction of another disciplinary chamber, its chairman shall immediately forward the file to that chamber, in an order that is not reasoned, not subject to appeal and not res judicata.

However, it has the power to reject complaints or applications that are manifestly inadmissible and cannot be remedied in the course of proceedings, or to declare that there is no need to give a ruling.

The parties shall be notified without delay of the orders made pursuant to the two paragraphs above.

If the president of the chamber to which a case has been referred pursuant to the first paragraph considers that this court does not have jurisdiction, he shall immediately refer the case to the president of the national chamber, who shall settle the question of jurisdiction in the manner provided for in the first paragraph.

When a chamber to which a case has been referred pursuant to the first paragraph has not availed itself of the provisions of the preceding paragraph or when it has been declared competent by the president of the national chamber, its competence may no longer be called into question either by itself or by the parties, or ex officio by the judge of appeal or of cassation, unless it raises the lack of competence of the administrative court.

When the president of a chamber to which a case is referred finds that one of the members of the chamber is in question or considers that there is another objective reason to call into question the impartiality of the chamber, he or she will forward the case file, in the manner provided for in the first paragraph, to the president of the national chamber, who will assign the judgement to the chamber that he or she designates.

Procedural acts duly performed before the chamber first seised shall remain valid before the referring chamber, which is responsible for deciding the case.

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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