Subsection 1: Creation, transfer or regrouping

Articles in this section · 7

R5125-1R5125-2R5125-3R5125-4R5125-5R5125-6R5125-7

Article R5125-1

French Public Health CodeIn force
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Updated 2 Nov 2023

I. - Authorisation to set up or transfer a pharmacy or to group together pharmacies, except for those mentioned in article L. 5125-10, is requested from the Director General of the Regional Health Agency of the place where the operation is planned, by the pharmacist(s) applying on their own behalf, or on behalf of the company they represent, to obtain this authorisation. Where the application is submitted by a company or by several pharmacists in joint ownership, it is signed by each partner or joint owner who is to work in the pharmacy.

The application must be accompanied by a file containing :

1° the identity and qualifications of the pharmacists and, where applicable, the identity and legal form of the company or companies behind the project;

2° the proposed location of the dispensary and that of the dispensary or dispensaries whose transfer or grouping is envisaged, where applicable;

3° evidence of the applicant's rights to the proposed premises;

4° evidence of compliance with the minimum installation conditions laid down in articles R. 5125-8 and R. 5125-9.

The list of corresponding supporting documents is set by order of the Minister for Health.

The Director General of the Regional Health Agency registers the application on the date and at the time of receipt of the complete application. He will issue the applicant with a receipt stating the date and time of registration.

In the case of applications for transfers or mergers involving several regions, the Director General of the Regional Health Agency for the intended place of operation will send a copy of the complete application to the Director General of the Regional Health Agency for the original place of operation, or to the Regional Health Agencies for the original places of operation, with a view to taking the joint decision provided for in Article L. 5125-18.

II. - The opening of an annex to a pharmacy located in an airport, as provided for in article L. 5125-7-1, is subject to prior declaration to the Director General of the regional health agency with territorial jurisdiction. The composition of the application and the conditions under which it is examined are specified by order of the Minister for Health.

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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