Subsection 3: Authorisation procedures.

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Article R5141-40

French Public Health CodeIn force

Updated 1 Nov 2023

Any change in the marketing authorisation holder is subject to authorisation from the Director General of the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail.

In order to obtain this authorisation, the marketing authorisation holder submits a dossier including, in addition to the summary of product characteristics, the draft outer and primary packaging and, if applicable, the package leaflet:

1° The name of the veterinary medicinal product concerned and its current marketing authorisation number ;

2° Identification of the future holder;

3° A document establishing that the complete and up-to-date file for the medicinal product concerned, or a copy, has been transferred to the future holder;

4° An undertaking by the pharmacist or veterinary surgeon responsible for the manufacturing company to comply with all the conditions to which the marketing authorisation was subject and, in particular, to comply with the manufacturing and control methods;

5° A description of the pharmacovigilance system that the future marketing authorisation holder intends to put in place.

In the event of a merger or partial transfer of assets, the companies concerned may submit an application for the transfer of marketing authorisations before the merger or transfer is definitively completed. In support of their application, they must provide the memorandum of understanding in principle concerning the merger or contribution. The transfer is granted subject to the condition precedent of its definitive completion, which is notified to the Director General of the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail.

The Director General of the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail will give his decision within sixty days of receipt of the complete application. Silence on the part of the Director General will be deemed to constitute authorisation on expiry of this period.

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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