Subsection 2: Procedures for selecting health care organisations

Articles in this section · 6

Article R6113-59

French Public Health CodeIn force

Updated 1 Nov 2023

I.-The Agence technique de l'information sur l'hospitalisation (ATIH) submits to each establishment on the list drawn up in application of article R. 6113-58 a proposed agreement containing the reciprocal undertakings of both parties, by any means capable of providing a date certain.

II.This proposed agreement includes at least the following elements:

1° The nature of the information to be transmitted by the establishment from 1st January of the year of study;

2° The timetable for the transmission and validation of this data;

3° The other obligations of the parties, in particular those concerning respect for the confidentiality of the data;

4° The methods for determining the financial compensation;

5° The terms and conditions under which the financial compensation must be returned by the establishment in the event of non-compliance with its contractual commitments.

III - If the institution has not entered into an agreement within two months of the date of receipt of the proposal, the Agence Technique de l'Information sur l'Hospitalisation (ATIH) will send the institution, by any means capable of providing a date certain, a formal notice stating the penalty it is liable to pay and informing it that it has a period of fifteen days from the date of receipt to enter into the agreement or, if it refuses to do so, to submit its written observations.

At the end of this period, the Agence technique de l'information sur l'hospitalisation (ATIH) refers the matter to the Director General of the Regional Health Agency with a view to implementing the penalty provided for in the last paragraph of Article L. 6113-12. The Director General of the Regional Health Agency may order the institution to pay a penalty to the fund referred to in Articles L. 174-2 and L. 174-18 of the Social Security Code, the amount of which may not exceed that set in the second paragraph of Article L. 6113-13.

The establishment has one month from notification of the decision mentioned in the previous paragraph to pay the sum.

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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