Subsection 2: Authorisation procedure

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Article R4211-54

French Public Health CodeIn force

Updated 3 Nov 2023

I.-The application for authorisation for a health care organisation to carry out the activities mentioned in Article R. 4211-53 is sent to the Director General of the Agence nationale de sécurité du médicament et des produits de santé, by any means giving a date certain, by the legal entity requesting this authorisation.

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

This application is accompanied by a supporting file, the form and content of which are specified by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé, published on the Agency's website, and which includes:

1° The address of the establishment and plans of the premises, for the various activities envisaged there;

2° The activity or activities requested for the establishment from among those mentioned in Article L. 4211-9-2, as well as the category of advanced therapy medicinal products to which these activities relate;

3° A precise description of the equipment and materials used for each of the activities, including those relating to the transport of products;

4° The list and qualifications of the staff, in particular those of the responsible person and the acting responsible person referred to in Article R. 4211-55, and the nature of the tasks entrusted to them;

5° A list of the procedures used to carry out the various activities;

6° If certain operations are carried out by third parties:

a) The list and addresses of these third parties;

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

7° Where applicable, information relating to the implementation of procedures to avoid any risk of cross-contamination between products when therapeutic and scientific activities are carried out on the same premises;

8° Where applicable, the containment measures taken in application ofArticle L. 532-3 of the Environmental Code ;

9° A copy of the letter and the notice of its receipt, 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 referred to in Article R. 4211-53 and, where applicable, a copy of any observations made by the Regional Health Agency on the implementation of these activities.

II - In the absence of a complete application, the Director General will inform the applicant, by any means that provides a date certain, of the information that is missing or incomplete, stating the deadline for providing it.

III - 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 complete application.

The Director General may request any additional information or initiate an administrative investigation by one of his agents or an on-site investigation by an inspector mentioned in Articles L. 5313-1 and L. 5313-3 to enable him to decide on the application. The period referred to in the previous paragraph is 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 period provided for in the first paragraph of this III, the application will be rejected.

Authorisations specify the name and address of the health establishment concerned, the activities and operations authorised and, where applicable, the pharmaceutical forms. A copy of the 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 regional health agency or agencies concerned.

IV -The authorisation granted is recorded in the European Union database.

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

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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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