Subsection 1: General provisions

Articles in this section · 2

Article R6141-54

French Public Health CodeIn force

Updated 31 Oct 2023

The articles of association of hospital foundations define the organisation and internal operating rules of the hospital foundation in compliance with the provisions of amended law no. 87-571 of 23rd July 1987 on the development of sponsorship, article L. 6141-7-3 and this section.

The directors of the public health institutions concerned present the draft statutes of the hospital foundation to the supervisory boards. This draft is accompanied by the opinion of the establishment's medical committees.

Where one of the public health institutions is a university hospital centre, this draft is accompanied by the opinion of the vice-chairman of the Executive Board responsible for research.

The draft articles of association, together with the resolutions of the supervisory boards and the documents by which the other founders express their support, are sent to the Minister for Health and to the Director General of the regional health agency in whose area of jurisdiction the foundation's registered office is located. Where one of the public health establishments is a university hospital centre, the same documents are also sent to the Minister for Research. The articles of association are approved by a decree issued, after obtaining the opinion of the director general of the regional health agency, on the report of the Minister of Health or, if one of the public health institutions is a university hospital centre, the ministers responsible for health and research. The opinion of the Director General of the Regional Health Agency is deemed to be favourable if, within thirty days of receiving the draft statutes, he has not communicated his opinion to the Minister for Health.

The foundation acquires legal personality from the date of publication of the extract approving its articles of association in the Journal officiel de la République française.

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

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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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