Subsection 6: Closing of the financial year and appropriation of profits.

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Article R6145-43

French Public Health CodeIn force

Updated 31 Oct 2023

At the end of the financial year, the Director and the Accounting Officer in office jointly draw up the draft financial account in accordance with the conditions laid down by order of the Ministers for Health, Social Security and the Budget.

The financial account includes

1° The annual accounts, consisting of the balance sheet, income statement and notes.

2° An analysis of the implementation of the budget. To this end, the financial account :

-summarises the expenditure and revenue operations and includes a reminder of the expenditure and revenue forecasts entered in the last budget that was implemented;

includes a table for calculating self-financing capacity and a financing table for determining the change in working capital;

-shows, in particular, the accounting result for each of the profit and loss accounts and the result for all activities combined.

The notes referred to in 1° include, in particular, a presentation of the entities in which the institution is a stakeholder, as well as any significant events that occurred during the financial year. For each of these entities, accounting statements describe in particular, showing the resulting commitments for the public health institution:

a) The entity's main links with the public health institution and the nature of the control or significant influence ;

b) The amount of shareholders' equity and financial liabilities, fixed assets and assets made available to the entity by the public health care institution;

c) the entity's revenues and earnings, the annual contribution paid by the entity, the services billed to the entity by the entity and any significant transactions between the entity and the entity; and

d) Staff made available to the entity and their cost;

e) Off-balance sheet commitments made or received by the entity;

f) Any other significant item.

Subsidiaries and other legal entities over which the health care organisation exercises control within the meaning of Article L. 233-16 of the Commercial Code or significant influence within the meaning of Article L. 233-17-2 of the same code must be included in the accounting statements referred to in the eighth paragraph. An entity may not be taken into account if it represents only a negligible interest within the meaning of 2° of II of article L. 233-19 of the same code.

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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