Subsection 4: Rules applicable to authorised establishments and organisations

Articles in this section · 10

Article R4211-43

French Public Health CodeIn force

Updated 3 Nov 2023

I. - Substantial changes to the activities authorised in application of this section which relate to: - the preparation of a new pharmaceutical form of an advanced therapy medicinal product prepared on a one-off basis; - the preparation of a new pharmaceutical form of an advanced therapy medicinal product prepared on a one-off basis; - the preparation of a new pharmaceutical form of an advanced therapy medicinal product prepared on a one-off basis:

1° The preparation of a new pharmaceutical form of an advanced therapy medicinal product prepared on an ad hoc basis ;

2° the types of activities authorised

3° Changes to premises affecting the conditions under which activities are carried out;

4° the creation of new premises in which the authorised activities are carried out.

II - The application for authorisation to modify is sent to the Director General of the Agence nationale de sécurité du médicament et des produits de santé, by the legal entity requesting this authorisation, and by any means enabling the receipt of this application to be dated.

This application must specify the nature of the change requested.

The application for authorisation of a change is accompanied by a technical file adapted to the type of change requested, the model for which is set by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé.

In the absence of a complete dossier, the Director General will inform the applicant, by any means which allows the date of receipt to be established, of the information which is missing or incomplete, indicating the time limit for providing it.

The Director General of the Agence nationale de sécurité du médicament et des produits de santé will notify the applicant of his decision within ninety days from the date of receipt of the application accompanied by a complete dossier.

The Director General may request any additional information or carry out an investigation to enable him to reach a decision on the application. The period referred to in the previous paragraph is then suspended from the date on which the Director General of the Agence nationale de sécurité du médicament et des produits de santé notifies this decision until receipt of the information requested or the results of the investigation.

If no decision has been taken by the end of the ninety day period, the application for authorisation to modify will be rejected.

III - Modification of the authorisation does not extend the duration of the authorisation initially granted.

IV - In the event of modification of the initial authorisation, a copy of the modified authorisation is sent by the Director General of the Agence nationale de sécurité du médicament et des produits de santé to the Director General of the Agence de la biomédecine and to the Directors General of the regional health agencies concerned.

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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