Subsection 2: Authorisation procedure

Articles in this section · 3

Article R4211-34

French Public Health CodeIn force

Updated 3 Nov 2023

I. - The application for authorisation or renewal of authorisation of an establishment or organisation to carry out the activities referred to in Article R. 4211-32 relating to advanced therapy medicinal products prepared on an ad hoc basis is sent to the Director General of the Agence nationale de sécurité du médicament et des produits de santé, by the legal entity applying for this authorisation, and by any means enabling receipt of this application to be dated with certainty.

This application specifies, for each establishment or organisation and, where applicable, for each of the sites of this establishment or organisation, the activities for which authorisation is sought.

This application is accompanied by a supporting file, the model for which is laid down by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé and which includes :

1° The address of the establishment and plans of the premises, for the various activities to be carried out there;

2° A precise description of the equipment and materials used for each of the activities, including those relating to the transport of products;

3° The list and qualifications of staff, in particular those of the director and the person in charge referred to in Article R. 4211-37, and the nature of the tasks entrusted to them;

4° A list of the procedures used to carry out the various activities;

5° If certain operations are carried out by third parties:

a) The list and addresses of these third parties;

b) Agreements or draft agreements between these third parties and the legal entity applying for authorisation, specifying the responsibilities of each of the parties;

6° Where applicable, information relating to the implementation of procedures to avoid any risk of cross-contamination when therapeutic and scientific activities are carried out on the same premises;

7° For the import and export of these medicinal products as part of the research defined in Article L. 1121-1, the name and address of the suppliers and recipients and a description of the means put in place to ensure the traceability, storage methods and transport conditions for investigational advanced therapy medicinal products prepared on an ad hoc basis;

8° Where the application comes from a health establishment, a copy of the letter and the notice of receipt accompanying it, certifying that the director(s) general of the regional health agency where the establishment's sites are located have been informed of the application for authorisation to carry out the activities mentioned in this section and, where applicable, a copy of any letter indicating any observations made by the regional health agency on the implementation of these activities.

II - In the absence of a complete file, the Director General will inform the applicant, by any means that will allow this communication to be dated, of the information that is missing or incomplete, stating the deadline for providing it.

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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