Section 1: Scope and definitions

Articles in this section · 19

Article R5124-3

French Public Health CodeIn force

Updated 2 Nov 2023

Manufacturers, importers, operators, stockists, wholesaler-distributors, wholesale distributors of pharmaceutical products other than medicinal products, wholesale distributors of medicinal plants, wholesale distributors of gases for medical use, wholesale distributors for the armed forces health service and humanitarian wholesale distributors may only distribute the medicinal products or products they stock to other companies or organisations authorised to distribute them wholesale or to natural or legal persons authorised to dispense them. To this end, they shall verify by any means that these establishments are authorised as pharmaceutical establishments and that they comply with the good practices mentioned in article L. 5121-5 which are applicable to them.

However, wholesale distributors mentioned in 6° of article R. 5124-2 may only transfer or sell intermediate products to manufacturers mentioned in 1° of the same article.

When the medicinal product is obtained through a broker, the pharmaceutical establishment checks that the broker has declared himself to the Agence nationale de sécurité du médicament et des produits de santé in accordance with article L. 5124-20.

For medicinal products other than investigational medicinal products and for the generators, kits and precursors referred to in 3° of article L. 4211-1 and where the manufacturer or importer does not itself operate the business, it may only wholesale or transfer free of charge the medicinal products or products it manufactures or imports through the intermediary of the operator who carries out these sales or transfer operations.

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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