Section 1: Conditions for issuing authorisations

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Article R5139-3-1

French Public Health CodeIn force

Updated 1 Nov 2023

I. - Before issuing the authorisation applied for, the Director General of the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products) will request from the Ministry of Justice the bulletin no. 2 of the criminal record or any equivalent document from the administration concerned, concerning the applicant for the authorisation, the persons authorised by the applicant to carry out the operations envisaged in the authorisation, the director of the establishment and the legal entity for which this director is acting.

II - Authorisation is refused if the applicant has been convicted of a felony or misdemeanour, as recorded in bulletin no. 2 of the criminal record or an equivalent document. Authorisation is also refused if the director of the establishment in which the operations are carried out or the legal entity on whose behalf the director of the establishment is acting has been convicted of a felony or misdemeanour, as recorded in bulletin no. 2 of the criminal record or an equivalent document.

The authorisation automatically ceases to have effect if the persons mentioned in the previous paragraph are convicted of a felony or misdemeanour, as recorded in bulletin no. 2 of the criminal record or in an equivalent document. The Director General of the Agence nationale de sécurité du médicament et des produits de santé may, at any time, request a new bulletin no. 2 of the criminal record or any other equivalent document for the persons mentioned in the previous paragraph, in order to verify that these persons have not been the subject of a conviction recorded on this bulletin or on an equivalent document.

III - If one of the persons whom the applicant proposes to authorise has been convicted of a felony or misdemeanour, entered on bulletin no. 2 of the criminal record or on an equivalent document, the Director General of the Agence nationale de sécurité du médicament et des produits de santé will inform the applicant that the authorisation will only be issued if this person is no longer on the list of persons whom the applicant proposes to authorise.

Where one of the persons authorised by the authorisation holder has been convicted of a felony or misdemeanour, as recorded in bulletin no. 2 of the criminal record or an equivalent document, the Director General of the Agency will suspend the authorisation until that person is no longer on the list of authorised persons.

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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