Section 2: Organisation of material safety monitoring

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Article R5212-12

French Public Health CodeIn force

Updated 1 Nov 2023

Any health establishment or health cooperation group which uses or supplies medical devices or makes such devices available to its members, as well as any association distributing medical devices at home and appearing on a list drawn up by the Director General of the Agence nationale de sécurité du médicament et des produits de santé, must appoint a local materialovigilance correspondent. However, below an activity threshold set by order of the Director General of the Agency, these establishments and associations are authorised to join together to appoint a materialovigilance correspondent common to several establishments or associations.

The correspondent is appointed :

1° For public health establishments, by the director, after consulting the establishment's medical commission ;

2° For private health establishments, by the administrative manager, after consulting the medical conference;

3° In health cooperation groups, by the group administrator;

4° For associations providing treatment for patients, by the director of the association, after consulting the board of directors.

The materials vigilance correspondent for the health cooperation group may be the materials vigilance correspondent for a health establishment which is a member of the group.

The appointment of the correspondent is immediately brought to the attention of the director general of the regional health agency and the regional materialovigilance and reactovigilance coordinator by the establishment or association.

One or more substitute correspondents are appointed under the same conditions in order to ensure the permanence of this function within the establishment or association.

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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